High Courts Have the Authority to Quash Criminal Proceedings Under Article 226 Jurisdiction in Addition to Section 482 of the CrPC : Supreme Court
In the case of Kim Wansoo v. State of Uttar Pradesh & Ors., the Supreme Court held that the High Court can quash a criminal case under both Section 482 Cr.P.C. and Article 226 of the Constitution to prevent misuse of the law. The bench, comprising Justices CT Ravikumar and Sanjay Kumar, was hearing an appeal against the Allahabad High Court's decision, which had refused to quash a criminal case under its writ jurisdiction.
The appellant, a foreign national and Project Manager at Hyundai Engineering & Construction India LLP, was accused in an FIR of cheating, fraud, and criminal conspiracy related to payment defaults of ₹9 crores. The complaint alleged dishonored cheques, non-payment, and financial harm, including the death of the complainant's brother.
The Supreme Court, referencing Bhajan Lal (1992) and Pepsi Foods Ltd. (1998), ruled that the High Court can use its power under Article 226 or Section 482 Cr.P.C. to quash an FIR if it prevents abuse of process or secures justice. Since the FIR lacked sufficient evidence to support the alleged offences, the Court found that proceeding with the case would be an abuse of legal process and a miscarriage of justice. The appeal was allowed, and the FIR was quashed.