Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

It is of course a settled legal proposition that in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma Ltd. v. Biological E. Ltd. and Ors. AIR 2000 SC 1869 this Court observed that a criminal complaint or a charge sheet can only be quashed by superior courts in exceptional circumstances, such as when the allegations in a complaint do not support a prima facie case for an offence. Similarly, in Zandu Pharmaceutical Works Ltd. and Ors. v. Mohd. Sharaful Haque and Ors., AIR 2005 SC 9 this Court has held that criminal proceedings can be quashed but such a power is to be exercised sparingly and only when such an exercise is justified by the tests that have been specifically laid down in the statutory provisions themselves. It was further observed that superior courts “may examine the questions of fact” when the use of the criminal law machinery could be in the nature of an abuse of authority or when it could result in injustice. In Shakson Belthissor v. State of Kerala and Anr., (2009) 14 SCC 466 this Court relied on earlier precedents to clarify that a High Court while exercising its inherent jurisdiction should not interfere with a genuine complaint but it should certainly not hesitate to intervene in appropriate cases. In fact it was observed:

One of the paramount duties of the superior courts is to see that a person who is apparently innocent is not subjected to prosecution and humiliation on the basis of a false and wholly untenable complaint.