State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
6. It is well-settled that power of quashing first information report or criminal proceeding at its inception should be exercised very sparingly and with circumspection and that too in rarest of rare cases, while examining the question, it is not Justifiable for the Court to embark upon an enquiry, as to the reliability or genuineness or otherwise of the allegations made in the first information report and extraordinary jurisdiction conferred on this Court under Article 226 of the Constitution of India does not permit it to act in an arbitrary or capricious manner. It is not permissible for this Court to examine those allegations meticulously. While examining the question whether the case falls within the category of 'rarest of rare' cases, the Court first has to go into the grip of the matter, whether the allegations constitute the offence. At this stage, it is not for the Court to weigh the pros and cons of the prosecution case. In support of this view, we may refer to a few decisions of the Apex Court. State of Haryana v. Bhajan Lal and others, AIR 1992 SC 604 : Mustaq Ahmad v. Mohd. Habiburrahman, JT 1996 (1) SC 656 : Roopan Deal Bajaj and another v. Kunwar Pal Singh Gill, JT 1995 (7) SC 299 and State of Kerala v. O.C. Kuttan and others. JT 1999 (1) SC 486.