Supreme Court of India

B.S. Joshi and Ors. v. State of Haryana and Anr.

Neutral citation

Reported as [2003] 2 S.C.R. 1104

Bench Y.K. Sabharwal and H.K. Sema JJ.

Decided 13 March 2003

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint H 1112 SUPREME COURT REPORTS [2003] 2 S. C.R. A and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.

Judgment, page 8

From the headnote

Code of Criminal Procedure, 1973-Sections 482 and 320-Quashing of criminal proceeding/FIR/complaint-Scope and ambit of in relation to matrimonial disputes-Held: When chances of conviction of accused are bleak and quashing of the proceedings is to secure justice, High Court in exercise of its inherent powers can quash FIR for offences under section which are non-compoundable and Section 320 does not limit or bar the powers of quashing-Penal Code, 1860 Sections 498A, 323 and 406. Penal Code, 1860-Chapter Y.X- , Section 498A-Object of-Discussed. Respondent No.2 registered an FIR under Sections

Where later benches applied it

2014 Gold Quest International Private Limited v. The State of Tamil Nadu & Ors. relied on
2013 Central Bureau of Investigation v. Jagjit Singh relied on
2011 Padal Venkata Rama Reddy @ Ramu v. Kowuri Satyanarayana Reddy and Ors. relied on
2024 K. Bharthi Devi and Anr. v. State of Telangana and Anr. referred to
2023 Shilpa Sailesh v. Varun Sreenivasan referred to
2022 P. Dharamaraj v. Shanmugam & Ors. referred to
2022 Rajendra Bhagat v. State of Jharkhand & Anr. referred to
2014 Narinder Singh & Ors. v. State of Punjab & Anr. referred to
2013 K. Srinivas Rao v. D.A. Deepa referred to
2012 Geeta Mehrotra & Anr. v. State of U.P. & Anr. referred to
2010 Gian Singh v. State of Punjab & Anr referred to
2012 Ashok Sadarangani & Anr. v. Union of !noia & Ors. distinguished
2011 Sushil Suri v. C.b.i & Anr. distinguished

Of those, 3 relied on · 2 distinguished · 8 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.