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SANDEEP KUMAR
Rohit Kumar Tripathi @ Rohit Tripathi – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard learned Senior Counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. Along with the written notes of arguments of the petitioner, the certified copy of the complaint case no.274(c) of 2021 as well as the certified copy of the order dated 23.06.2022 passed by the learned Magistrate in connection with Complaint Case No.274 (c) of 2021 have been filed, which are taken on record.
3. This application has been filed for quashing of F.I.R. vide Khagaul P.S Case No. 109 of 2022 registered for the offence under sections 304-B/34 of the Indian Penal Code and all consequential proceedings arising out of the aforesaid F.I.R.
4. As per the F.I.R., the daughter of the informant namely, Shalini Tiwari was married to Rahul Kumar Tripathi on 24.06.2019. At the time of marriage the informant had given household articles worth Rs.20,00,000/- to the accused persons. After the marriage, the accused persons including the petitioner started demanding a Swift Dzire car and on account of non-fulfillment of said demand, the daughter of the informant was tortured by the accused persons. It is also alleged that the daughter of the inform
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The court upheld that prima facie allegations in the FIR warranted continuation of proceedings, as quashing should only occur in clear abuse of process or lack of evidence.
A petitioner can seek to quash an FIR under Section 482 Cr.P.C. if the allegations do not specifically implicate them, thus preventing abuse of judicial process.
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
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.
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