State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991
20. These are the principles which individually and preferably
cumulatively (one or more) be taken into consideration as precepts to
exercise of extraordinary and wide plenitude and jurisdiction under Section
482 of the Code by the High Court. Where the factual foundation for an
offence has been laid down, the courts should be reluctant and should not
hasten to quash the proceedings even on the premise that one or two
ingredients have not been stated or do not appear to be satisfied if there
is substantial compliance to the requirements of the offence. At this
stage, we may also notice that the principle stated by this Court in the
case of Madhavrao Jiwaji Rao Scindia (supra) was reconsidered and explained
in two subsequent judgments of this Court in the cases of State of Bihar &
Anr. v. Shri P.P. Sharma & Anr. [AIR 1991 SC 1260] and M.N. Damani v. S.K.
Sinha & Ors. [AIR 2001 SC 2037]. In the subsequent judgment, the Court
held that, that judgment did not declare a law of universal application and
what was the principle relating to disputes involving cases of a
predominantly civil nature with or without criminal intent.