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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Amardeep Soni – Appellant
Versus
State Of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of fir based on family dispute. (Para 1 , 2) |
| 2. factual background of the property dispute. (Para 3) |
| 3. arguments from petitioners and state. (Para 4 , 5) |
| 4. inherent power of the high court under section 482 crpc. (Para 6) |
| 5. trial court's authority over evidence and charges. (Para 7 , 8 , 9 , 10) |
| 6. final order to dismiss petitions. (Para 11) |
JUDGMENT :
GIRISH KATHPALIA, J.:
1. By way of these four petitions, the petitioners who are members of a family and are accused persons, seek quashing of case FIR No. 355/2024 of PS Sunlight Colony for offences under Section 115(2)126(2)/351(3)/3(5) of BNS and the proceedings arising out of the same. The subject FIR as well as the factual and legal matrix being same, these petitions are taken up together for disposal.
2. Notice of these petitions was accepted by learned Additional Public Prosecutor (APP), and with consent of both sides I heard the final arguments on the same day.
3. Briefly stated, prosecution case unfolding through statement of the complainant de facto Dwarika Prashad, which statement was registered as the subject FIR, is as follows.
3.1 The premises no.153, Jeewan Nagar, Sunlight Colony, New Delhi, consist
The inherent power to quash FIRs is strictly limited, requiring demonstrable grounds of abuse of process, not merits traditionally evaluated in trials.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
The High Court's inherent powers under Section 482 CrPC should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecutions.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
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