Quashing criminal complaint proceedings as a counterblast: inherent jurisdiction can stop abuse of process when retaliation is evident.

The inherent power under Section 482 CrPC may be used to quash criminal proceedings where the material is of sterling quality, rules out the allegations, and shows that continuation would amount to abuse of process. Applied to the sequence of complaints, the later complaint was found to be retaliatory and a counterblast to an earlier Section 138 NI Act complaint, so the proceedings could not be permitted to continue. The complaint was therefore quashed as vexatious and not serving the ends of justice.

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Issues: Whether the criminal complaint proceedings were liable to be quashed in exercise of inherent jurisdiction on the ground that they were a counterblast and amounted to abuse of process of law.

Analysis: The inherent power under Section 482 of the Code of Criminal Procedure, 1973 is intended to prevent abuse of process and secure the ends of justice. Quashment is justified where the material relied upon is of sterling quality, rules out the accusations, is not capable of effective refutation, and continuation of the proceedings would amount to abuse of process. On the facts, the complaint filed against the appellant was examined in the background of the prior complaint under Section 138 of the Negotiable Instruments Act, 1881 and the sequence of events showed that the later complaint was a retaliatory measure. In such circumstances, the proceedings could not be permitted to continue.

Conclusion: The complaint proceedings were quashed as they constituted abuse of process of law and were not fit to proceed.

Ratio Decidendi: Criminal proceedings may be quashed under Section 482 of the Code of Criminal Procedure, 1973 when the material shows that they are vexatious or filed as a counterblast and their continuation would amount to abuse of process rather than serve the ends of justice.

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