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SWARANA KANTA SHARMA
Kamal – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. - The present 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 the petitioner seeking quashing of FIR No. 626/2022, registered at Police Station Raj Park, Delhi for offences punishable under Sections 376/506 of the Indian Penal Code, 1860 (`IPC') and Section 67A of the Information and Technology Act, 2000 (`IT Act') and all consequential proceedings emanating therefrom.
2. Briefly stated, it is the case of the prosecution that on 22.09.2022 at about 8:30 PM, a complaint was lodged by the complainant alleging that a few years back from filing of the present complaint, she had found the petitioner/accused i.e., Kamal on Instagram and had made her friend. It is alleged that after connecting on Instagram, the complainant and the petitioner had exchanged phone numbers and had begun chatting regularly, eventually meeting up with each other. It is also alleged that on 03.01.2020, when the complainant was alone at her house, the petitioner/accused had come over and had allegedly forcefully engaged in physical intimacy with her, on the false prete
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 courts have a limited jurisdiction to consider whether there is sufficient material to proceed further against the accused.
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 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 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 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 established that allegations in an FIR, if taken at face value, can substantiate the commission of a cognizable offence, thus inhibiting quashing unless clearly abusive or lacking merit.
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.
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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