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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Lt Gen Inderjit Singh Avsm Vsm (Retd) – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
AMIT MAHAJAN, J.
1. The present petition is filed challenging the order dated 26.08.2020 (hereafter ‘impugned order’), in CC No. 5320/2020, whereby the learned Trial Court gave directions to the concerned DCP to lodge an FIR against the petitioner. The petitioner is also seeking quashing of the FIR which has been registered pursuant to the impugned order.
2. The brief facts of the case are as follows:
2.1. A complaint was made by Respondent No.2 under Section 156(3) of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking registration of FIR against the petitioner for the offence under Section 376 read with Section 511 and under Sections 307 /320/323/339/354/354A/354B/355/503/506/509 of the INDIAN PENAL CODE , 1860 (‘IPC’). The petitioner and Respondent No.2 are neighbours and it is the case of Respondent No.2 that there is park adjoining the residence of the petitioner, and the backyard of the residence of Respondent No.2 adjoins the said park. Allegedly, the incident took place in the park which has been encroached by the petitioner. It is alleged that on 28.04.2020, at about 10:30pm, when Respondent No.2 entered the park for better cellular network, she noticed someone foll
The court emphasized that allegations of serious offences must be supported by credible evidence before an FIR is registered, and the failure to do so constitutes an abuse of the judicial process.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The central legal point established in the judgment is the cautious exercise of inherent powers under Section 482 Cr.P.C. to prevent abuse of the process of court and secure the ends of justice.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
The court emphasized the need to prevent abuse of the legal process and ensure that the exercise of inherent powers under Section 482 of Cr.P.C. serves the ends of justice.
Power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner, but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there i....
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