Sterling defence material can justify quashing where departmental exoneration on identical facts makes criminal prosecution an abuse of process.

At the stage of discharge or quashing, courts ordinarily do not assess the truthfulness of the complaint or weigh disputed defence evidence. Inherent jurisdiction may nevertheless be exercised where the accused produces sterling and impeccable material that completely displaces the allegations, cannot reasonably be refuted, and shows that continuation of the prosecution would abuse process. Public sale documents, notarized declarations, receipts, and a departmental enquiry report may establish this threshold where they support the transaction and the departmental exoneration on merits concerns the same factual allegations. In such circumstances, continuation of criminal proceedings for cheating and intimidation may become impermissible.

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Issues: Whether the criminal proceedings for cheating and criminal intimidation should be quashed in exercise of inherent jurisdiction on the basis of unimpeachable defence material and on-merits exoneration in departmental proceedings.

Analysis: At the stage of considering discharge or quashing, the truthfulness of the complaint and the weight of the defence ordinarily cannot be determined. However, the High Court may exercise inherent jurisdiction where the accused relies on material of sterling and impeccable quality that is sufficient to completely displace the allegations, is not capable of justifiable refutation, and demonstrates that continuation of the prosecution would amount to abuse of process. The registered sale documents, notarized declarations, cash receipt and departmental enquiry report showed that the property transaction was supported by admitted consideration and execution of public documents. The departmental exoneration was on merits and concerned the same factual allegations, making continuation of the criminal prosecution impermissible.

Conclusion: The criminal proceedings against the petitioner were quashed.

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