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SWARANA KANTA SHARMA
Anubhav Mittal – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 49/2019, dated 01.04.2019, registered at Police Station Hauz Qazi, Delhi for offences punishable under Sections 420/406 of Indian Penal Code, 1860 (`IPC') and all subsequent proceedings emanating therefrom.
2. Briefly stated, the facts of the present case are that the present FIR was registered pursuant to an order under Section 156(3) Cr.P.C. passed by the concerned Magistrate, and as per the version of complainant Md. Sajid, he had been deceived/allured by the accused company on pretext that if he would paid them Rs.57,500 as cost of a package, he would be given access to a web portal namely www.socialtade.biz and an opportunity to work from home to earn money by clicking 125 daily links on website or Facebook pages. It was assured to the complainant that on each click on the link, he would receive Rs.5/- after deducting TDS. On this belief and assurance given by the accused company, the complainant had deposited Rs.2,30,024/-
The accused company had dishonestly induced the complainant to deliver property, constituting an offence under Section 420 IPC. The principles for quashing of FIR as laid down by the Hon'ble Apex Cou....
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 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 judgment established the need to thoroughly investigate cyber-crimes, especially those involving financial and economic well-being, and emphasized the gravity of such offences.
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 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 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 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.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
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