Saving of inherent power of High Court

Proceedings in a criminal trial against an accused could be quashed by High Court under S.561-A, Cr.P.C., where it was established that due to some legal defect in the proceedings accused could not be convicted at the trial, or the case was of no evidence at all and keeping the matter pending would not serve any useful purpose and would amount to abuse of process of court

Quashing judicial proceedings in order to secure the ends of justice would involve a finding that, if permitted to continue, such proceedings would defeat the ends of justice, or in other words, would either operate or perfectuate injustice

To find an abuse, it would be necessary to see in the proceedings, a perversion of the purpose of the law, such as to cause harassment of an innocent party, or to bring about delay, or where the machinery of justice was engaged in an operation from which no result in furtherance of justice could accrue, and similar perverse results

Main consideration to be kept in view would be, whether the continuance of the proceedings before the Trial forum would be a futile exercise, wastage of time and abuse of process of court

Where on the basis of facts admitted and patent on record no offence could be made out against accused, it would amount to abuse of process of law to allow the prosecution to continue with the trial against him.