VIKRAM NATH, PRASHANT KUMAR MISHRA
Parteek Bansal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Vikram Nath, J.
Leave granted.
2. This appeal assails the correctness of the judgement and order dated 06.03.2017 passed by the Rajasthan High Court in S.B. Criminal Misc. (Pet.) No. 3259 of 2015 dismissing the said petition filed under Section 482 of the Code of Criminal Procedure, 1973,1[In short, “Cr.P.C.”] for quashing the FIR No. 156 of 2015, Women Police Station, Udaipur under Sections 498A, 406, 384, 420 and 120(B) of Indian Penal Code, 1860,2[In short, “IPC”].
3. At the outset, it would be relevant to mention that the sole ground on which the quashing was sought was that this was a second FIR on the same set of allegations made by the complainant after two weeks of lodging the first FIR being FIR No. 19 of 2015 under Section 498A read with Section 34 IPC, Police Station, Hisar, Haryana.
4. The relevant facts are briefly stated hereunder :
(ii). The complainant (respondent No.2) who is the father of respondent No.3 had visited the appellant in Udaipur, who is a Chartered Accountant based in Hisar, for proposal of marriage of his daughter (respondent No.3) who was at tha
Prem Chand Singh vs. State of U.P.
T.T. Antony vs. State of Kerala & Ors.
Y. Abraham Ajith & Ors. vs. Inspector of Police, Chennai & Anr.
Second FIR cannot be lodged for same allegation.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
The court ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
The main legal point established in the judgment is that the power to quash an FIR should be exercised sparingly and only in exceptional cases, as per the guidelines laid down by the Supreme Court.
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
The court emphasized that the power to quash an FIR should be exercised sparingly and with circumspection, and that criminal proceedings should not be scuttled at the initial stage unless there is a ....
The main legal point established in the judgment is that a second complaint on the same facts should be entertained only in exceptional circumstances, as per legal principles established in previous ....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
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