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The Delhi High Court on Wednesday held that quashing of First Information Report should be an exception, and what is required is to be seen is whether there has been an abuse of process or interests of justice requires the proceedings be quashed. 

A division bench of Justice Chandra Dhari Singh noted that Section 482 jurisdiction for the same should be exercised sparingly, with circumspection and in rarest of the rare cases.

The bench was hearing a plea seeking quashing of FIR registered after the Delhi High Court in the case of Common Cause v. Union of India restrained all concerned from carrying out any construction activities in unauthorised colonies in the Chattarpur Extension area.

"We make it clear that not only the person constructing, namely, the owner of unauthorised construction but others also who, directly or indirectly, aid and assist the unauthorised construction particularly, the Builders, Contractors, Architects, concerned Junior Engineers and Station House Officers would be severely dealt with in case unauthorised construction activity in violation of the Order of this Court is noticed," the Court had observed.

However, it is alleged that it was the duty of the present Petitioner to detect unauthorized construction by carrying out an inspection. Whereas, the petitioner by acting in connivance with Surendra Kumar (Junior Engineer) submitted false inspection reports in the period of January-June 2009.

In response to this, the court noted that while examining an FIR for quashing, the court cannot (a) enter into the merits of the case, (b) embark upon a roving enquiry or (c) conduct a trial as to the reliability or genuineness of allegations made in the FIR; nor (d) it has to see the probability of conviction on the basis of evidence on record.

The bench while dismissing the petition observed that "the baton is before the trial court which has to proceed with the final arguments since the trial is completed to examine the merits of the case as against the nature of jurisdiction conferred upon this Court under Section 482 of Code."

Case Title: Anil Kumar Vs. State thr CBI