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RAJNISH BHATNAGAR
Mukesh Bhatia – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present petition has been filed by the petitioner under article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 566/2017 under Section 420/468/34 IPC and further added Sections 471/174a/120B registered at P.S. Mandawali Fazalpur, East Delhi and the proceedings emanating therefrom.
2. Briefly stated, the facts of the case are that the present case was registered on the complaint of Dr. Dharamveer Singh Baliyan alleging that on 30.07.2009 his wife Smt. Usha Rani had applied for an outlet retailer shop Petrol Pump of Hindustan Petroleum Corporation Limited, at her plot Khurza Zewar Road in UP. On 05.10.2009 she received a registered letter from Hindustan Petroleum Corporation Limited for interview on 21/10/2009 at Mathura Refinery, in U P, thereafter, the complainant informed his close friend Jaiprakash Sharma about the same and on thus, accused Jai Prakash lured and instigated him by stating that he could get arranged the license of petrol pump with the help his associates. On 09.10.2009, alleged Jaiprakash with the intent to cheat, got arranged a meeting with one Raghvendra
The main legal point established in the judgment is that the power to quash criminal proceedings under Section 482 of the Code should be exercised sparingly and with caution, considering the nature o....
The High Court may quash FIRs for personal offences if the parties settled amicably, but serious offences affecting public interest continue as the process of law must be upheld.
The court can quash FIR and proceedings under Section 482 Cr.P.C. when disputes have been amicably settled between the parties and no useful purpose would be served by continuing the prosecution.
Where parties amicably settle their disputes, a court may quash FIRs to prevent abuse of process, depending on the specific facts and interests of justice.
The court has the discretion to quash criminal proceedings based on an amicable settlement and the interest of social harmony.
The main legal point established in the judgment is that the High Court has inherent powers to prevent an abuse of the process of any court or to secure the ends of justice, especially in cases where....
The power of the High Court to quash criminal proceedings under Sec. 482 of CrPC should be sparingly and cautiously exercised, and should not be used for heinous and serious offences. The timing of s....
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