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SWARANA KANTA SHARMA
Ashish Gupta – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') on behalf of the petitioner seeking quashing of complaint no. 379/1/2014 dated 22.07.2014 under Section 354A/354B/323/34 of Indian Penal Code, 1860 (`IPC') and all other consequential proceedings emanating therefrom including the summoning order dated 01.12.2015 under Section 354A/354B/356/379 of IPC and order on point of charge dated 01.10.2019 passed by learned Metropolitan Magistrate-02, West, Tis Hazari Courts, Delhi (`Magistrate').
2. Factual background of the present case is that the respondent no. 2 i.e. complainant had lodged a complaint vide DD No. 68B with the Police Station Rajouri Garden on 18.07.2014, addressed to the SHO, regarding an alleged offence which had taken place on 01.12.2013 at B-83, Tagore Garden, New Delhi. It was alleged that on 01.12.2013about 7:30 A.M., the complainant with her mother had gone to the said premises where the accused persons namely Ashish Gupta i.e. the petitioner and his father i.e. Om Saran Gupta had verbally abused the complainant and they had also started physically man-handling the complainant a
The court emphasized that discrepancies in the complainant's case and the defense raised by the accused could be appreciated at the stage of trial, and the existence of other disputes between the par....
The court emphasized that a Magistrate must demonstrate satisfaction regarding grounds for proceeding against accused before issuing summons, and quashing of proceedings should be an exception.
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 court emphasized the necessity of conducting a preliminary inquiry before proceeding with an FIR to prevent abuse of legal process in cases with potential ulterior motives.
The court ruled that a subsequent complaint based on previously resolved allegations constitutes an abuse of process, justifying its quashing under Section 482 Cr.P.C.
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....
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 ....
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