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DELHI HIGH COURT
CHANDRA DHARI SINGH
K. Udayananda Reddy – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. background facts of the fir and complainant's allegations (Para 1 , 2 , 3 , 4) |
| 2. arguments by petitioners alleging wrongful prosecution (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis of quashing jurisdiction under section 482 crpc (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. conclusion dismissing the petition with no merit (Para 29 , 30 , 31) |
ORDER
Chandra Dhari Singh, J. (Oral)--The present writ petition has been preferred under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, referred to as the "Code") praying for quashing the case FIR No. 93/2021 registered at PS - EOW, Tilak Marg against the Petitioner under Sections 406/420/120B of the Indian Penal Code, 1860.
2. The brief facts of the case, as per the prosecution, are that the present FIR was lodged on 3rd July 2021, under the provisions as mentioned above, on the complaint of Sh. Atul Kant Chaturvedi s/o Sh. P.N. Chaturvedi, Authorised Representative of M/s Perfect Synergy Advisory Pvt, having its registered office at 1501, Chiranjiv Tower, 43, Nehru Place, New Delhi.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
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 main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
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 High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The power of quashing should be exercised sparingly with circumspection, and the court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases.
Point of Law : The remedies available in law for false and vexatious charges have also been highlighted in the said judgment to dissuade the High Courts from exercising powers under Section 482 CrPC.
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