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" QUASHING OF FIR; A DEAD LETTER QUASHING OF FIR; A DEAD LETTER? By Asma Hamid, Advocate Supreme Court This article examines the inherent powers preserved to the High Court under section 561-A of the Code of Criminal Procedure, 1898 (hereinafter "the Cr.P.C.") and the scope of exercise of these powers to quash a First Information Report ("FIR"). This article also examines whether reliance on precedent in this respect is justified when it is an established jurisprudential principle that in criminal matters, each case must be decided on its own facts and circumstances. Legislative history Section 561-A was inserted by the Code of Criminal Procedure (Amendment) Act, 18 [XVIII] of 1923 and provides for "Saving of inherent power of High Court", in the following terms: "Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code; or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."(emphasis provided). This inherent power has been characterized as a reserve fund of powers, a residual source of Court power, which the Court may draw upon as necessary whenever it is equitable to do so, in particular to ensure the observance of due process of law, to prevent vexation or oppression, to do justice between the parties and to secure a fair trial between them1. The Hon'ble Supreme Court has recognized the power conferred on the High Court under section 561-A as not conferring "any new powers but simply preserves the inherent power lest it be thought that High Court has only those powers conferred on it by the Cr.P.C."2. This is somewhat a departure from the Court's earlier finding…