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ANOOP KUMAR MENDIRATTA
Abdul Muqtadir – Appellant
Versus
State – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 0205/2020, under Sections 500/509 IPC, registered at P.S.: Amar Colony. Sections 66E/67 of IT Act were subsequently invoked.
2. In brief, as per the case of the petitioner, present FIR was registered on the complaint of respondent No.2 wherein, she alleged that some unknown person created fictitious account on instagram in her name which came to her notice on 25.05.2020. Further, someone had stolen her photographs and published them by describing in the words `S... L...'. Present FIR was accordingly registered.
3. Learned counsel for the petitioner submits that the petitioner is working in a semi government organization and the concerned electronic device appears to have been hacked or misused without his permission and he is unaware of creation of the aforesaid alleged account. It is further pointed out that the petitioner is aged about 24 years with clean past antecedents and continuation of present proceedings shall be a blot on his career.
4. Learned APP for the State submits that since ele
The court has the power to quash criminal proceedings based on an amicable settlement, considering the nature and gravity of the offence and the impact on society.
The power of quashing should be exercised sparingly, and the courts have a limited jurisdiction to consider whether there is sufficient material to proceed further against the accused.
The court has the power to quash criminal proceedings when the offender and victim have settled their dispute, considering the nature and gravity of the offence and the impact on society.
The court may quash proceedings under Section 66A of IT Act based on a settlement between the parties if the offence is predominantly private in nature.
The court may quash criminal proceedings based on an amicable settlement between the parties, considering the nature and gravity of the offence and its impact on society.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
The power under section 482 of Cr.P.C. should be exercised sparingly and only in cases where no cognizable offense is disclosed in the FIR.
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