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SWARANA KANTA SHARMA
Shatrughan Shahi – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure,1973 (hereinafter "Cr.P.C."), petitioner seeks quashing of FIR bearing no. 488/2020 registered at Police Station Dwarka (North), Delhi for offences punishable under Sections 420/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC").
2. The present FIR was registered on the complaint of one Mr. Rahul Gupta ("complainant") who had started a cconsultancy business in the name of 'M/s Ambience Home & Developers. in March, 2015 along with one Mr. Surya Kant Goyal. It is alleged that during hawan ceremony of his new office, he was made to meet one Mr. Abhishek Aggarwal and Mr. Shatrughan, who were introduced to him by Mr. Surya Kant Goyal. In March 2015 itself, Mr. Abhishek Aggarwal approached the complainant and requested for a sum of Rs. 15 lakhs on pretext of some urgent need/emergency and on the assurance of Mr. Surya Kant Goyal, the complainant paid Rs. 15 lakhs to Mr. Abhishek Aggarwal, and the said amount was then returned to him in June 2015. Thereafter, again in August 2015, Mr. Abhishek Aggarwal and Mr. Shatrughan came to complainant's office and req
The power of quashing criminal proceedings should be exercised sparingly and only in exceptional cases, as per the principles laid down by the Hon'ble Apex Court.
The power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and the court cannot interfere with the investigation process unless there are exceptional circums....
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and only in exceptional cases, and the court should not interfere at the stage of investigation unless there is a ris....
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
The court emphasized the need for strong suspicion of the accused's guilt at the stage of framing charges and the requirement of exceptional circumstances to quash a charge or FIR.
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.
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.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
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