Kerala High Court: During Quashing Proceedings, Court Has The Duty To Look At Overall Circumstances To Assess Whether Criminal Case Was Initiated [S.482 CrPC]

The Kerala High Court in the case Jitha Sanjay and Others v State of Kerala and Other observed and has held that the Court can look beyond a First Information Report, FIR to quash the criminal proceedings initiated when they are manifestly vexatious, frivolous, or instituted with an ulterior motive for wreaking vengeance.

The bench headed by Justice A. Badharudeen in the case observed and has stated that when the complainant is motivated due to extraneous reasons, the complainant can make sure that the First Information Report, FIR contains the necessary ingredients of the alleged offence.

The court stated that it will not be just enough for the Court to look into the averments made in the FIR or complaint alone for the purpose of ascertaining whether the necessary ingredient to constitute the offence alleged are disclosed or not.

Therefore, the court in the case stated that in frivolous or vexatious proceedings, the said court owes a duty to look into many other attending circumstances emerging from the record of the present case and above averments and, if need be, with due care and circumspection try to read between the lines.