However, the Court disagreed with the ED, citing the Supreme Court’s ruling in RP Kapur v. State of Punjab, which outlined four scenarios where courts had inherent power to quash proceedings:
When there is a legal bar to the initiation or continuation of the case;
When the allegations, even if true, do not constitute an offence;
When there is no evidence adduced or when evidence is insufficient to support the charge.
The Court observed that the Judicial Magistrate’s acceptance of the Crime Branch’s final report was an order under the CrPC.
The Court, therefore, held that to fulfill the order, the Court can use its inherent powers to quash proceedings, including ECIRs which are administrative documents.
“The final report in the predicate offence did not reveal the commission of any criminal offence. The order of the learned Chief Judicial Magistrate, Thrissur accepting the final report as RC.No. 73/2023 on 05.01.2024 is an order issued under the Cr.P.C. To give full effect to such an order, this Court can exercise its inherent powers to quash a proceeding, including an administrative document like the ECIR, when it continues to exist, without legal authority,” the Court explained.
Source: Barandbench
