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SWARANA KANTA SHARMA
Aditya Sharma – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') for quashing of FIR bearing no. 71/2020 registered at Police Station Amar Colony, New Delhi, for offences punishable under Sections 342/376/506 of the Indian Penal Code, 1860 (`IPC') and consequential proceedings emanating therefrom.
2. Briefly stated, the present FIR was registered on the basis of complaint lodged by the complainant `D. who had stated that she and watermarkthe petitioner had come into contact through a dating site on 31.01.2020 and on 02.02.2020, the petitioner had requested her to meet him and upon his repeated requests, she had met him at a restaurant and on the same day the petitioner had also proposed her. It was alleged that on 05.02.2020, the petitioner had again called the complainant to his office and had started to kiss her on the pretext of marriage. On 07.02.2020, the petitioner had called her to his office and had made physical relations with her on pretext of marriage and thereafter, had repeatedly made relations with her several times. It was stated by the complainant that on 26.02.2020, when th
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 power of quashing should be exercised sparingly, and the court cannot embark upon an inquiry into the reliability of the allegations.
The power to quash an FIR should be exercised sparingly and with circumspection, especially when the investigation is pending and charge-sheet is yet to be filed. It should be done only in the rarest....
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 power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
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.
The High Court cannot quash an FIR when specific allegations exist and the investigation is incomplete, affirming that inherent powers under Section 482 Cr.P.C. are to be exercised sparingly.
An FIR disclosing a prima facie case of rape cannot be quashed, and the truthfulness of allegations cannot be assessed at the quashing stage.
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's decision was influenced by the application of the guidelines for quashing of FIR as laid down by the Hon'ble Apex Court, emphasizing the limited jurisdiction of courts in exercising power....
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