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SWARANA KANTA SHARMA
Deepak Ahirwar Deepak – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral) - The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking quashing of FIR bearing no. 146/2022, registered at Police Station Delhi Cantt, New Delhi for the offences punishable under Section 376 of the Indian Penal Code, 1860 (`IPC') and Section 6 of POCSO Act and all consequential proceedings emanating therefrom.
2. Briefly stated, facts of the present case are that the present FIR was registered at the instance of the prosecutrix wherein she had alleged that her maternal uncle i.e., the present petitioner had tried to commit rape upon her near the Dhaula Kuan Bus Stand, where they were spotted by two women who made a PCR Call. It is further alleged that one of the said women had also tried to hold the petitioner back but he had absconded from the place of incident. Thereafter, MLC of the prosecutrix had been conducted and her statement under Section 164 of Cr.P.C. had been recorded on 11.05.2022. During further course of the investigation, it had been revealed that the prosecutrix/victim is was 8 years old on the date of incident. Thereafter, the present petitio
The power to quash an FIR should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused.
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.
Right to protection from sexual harassments is universally recognised basic human rights - Common minimum requirement of right has received global acceptance. This right has been embodied in Articles....
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
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 power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised sparingly, carefully, and with caution, and only when justified by the tests laid down in the section itself. Q....
The court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.
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 the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
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