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SWARANA KANTA SHARMA
Devender Shukla – Appellant
Versus
State Of NCT – Respondent
JUDGMENT
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking quashing of FIR bearing no. 240/2020, registered at Police Station Patparganj Industrial Area, East District, Delhi for the offences punishable under Sections 341/186/353/332/342/34 of the Indian Penal Code, 1860 (“IPC”).
2. The present FIR was registered on 08.09.2020, on the statement of Head Constable (HC) Sukander Pal of Delhi Police i.e. complainant/respondent no. 8. Briefly stated, the case of the prosecution is that on 08.09.2020, complainant along-with ASI Udaiveer Singh and Constable Kulwant was on duty and was regulating traffic at Gazipur paper market. It is alleged that at about 9:15 AM, a bus bearing registration number UP61AT2998 was stopped by the complainant along-with the above-mentioned staff as its driver was operating the bus without uniform. During checking of the bus, when the complainant asked the driver for his Driving Licence and documents related to the bus, the driver did not produce any document nor his driving licence despite asking. Thereafter, the bus was seized by the complainant vide Challan no. 20206200908093242 under Se
In exceptional cases, to prevent abuse of process of Court, High Court might in exercise of its inherent powers under Section 482 quash criminal proceedings.
High Court's jurisdiction under Section 482 Cr.P.C. is to be exercised sparingly, focusing on whether allegations disclose a cognizable offence without resolving the merits.
Quashing of FIR should be sparingly exercised, especially in cases of serious offences, and the Court should not interfere with the investigation at the initial stage.
Quashing of FIR should be an exception and rarity, and the court cannot inquire into the reliability or genuineness of the allegations in the FIR.
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
The main legal point established in the judgment is that serious allegations, such as those involving extortion and physical assault, cannot be quashed based on a settlement agreement at the initial ....
The court held that specific allegations of assault and trespass in the FIR constituted cognizable offences, thus not warranting quashing.
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