Case:- PRADEEP KUMAR KESARWANI VERSUS THE STATE OF UTTAR PRADESH & ANR.
Citation:- SLP (Crl) No. 11642/2019
Date:- 02.09.2025
Supreme Court Bench:- JUSTICE J.B. PARDIWALA & JUSTICE SANDEEP MEHTA
The Hon’ble Supreme Court laid down the steps to be considered by the High Courts while hearing quashing petitions under Section 482 Cr.P.C. (now Section 528 BNSS). The Hon’ble Court stated that “If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal – proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C.”
- Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?
- Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.
- Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?
- Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?
In this case, The appellant was summoned by a Magistrate on a complaint of rape on the false pretext of marriage. The complaint was filed after four years, with no proper explanation for the delay. The appellant argued that the relationship was consensual. However, The Hon’ble High Court refused to quash the summons under Section 482 Cr.P.C. The Hon’ble Supreme Court found the complaint unreliable,and held that both the Magistrate and the High Court erred, and quashed the proceedings.
