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HIGH COURT OF GUJARAT
ILESH J. VORA, J
DAXABEN DINESHBHAI DAS – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. By way of this application, filed under Section 482 of Criminal Procedure Code, 1973, the applicant – Daxa Das seeks to invoke inherent powers of this Court, praying quashment of the FIR being C.R. No.11210003200873 of 2020 registered with Adajan Police Station, Surat City for the offence punishable under Sections 384 and 506 of the IPC.
2. The applicant Daxaben Das is appearing as party-in-person.
3. Facts and circumstances giving rise to file this application is that, the applicant Daxa Das was employed as a Hindi Class Teacher by the management of Gajera Global School, at Surat. The private respondent being a Principal of the School, lodged an FIR with Adajan Police Station, Surat for the offence of extortion and criminal intimidation against the applicant Daxaben, inter alia, alleging that, she threatened the trustees of the school namely Chuni Gajera, Kinjal Gajera and the Principal Mrs. Parihar, private respondents that, she will frame them under the false criminal cases unless she will be given amount of Rs. 5 lacs.
The gist of the FIR is as follows:
The applicant Daxaben joined the Global School on 30.07.2018. The private respondent, Mrs. Shweta Parihar was the Princi
The court has inherent powers to quash FIRs that are filed with malafide intent or as a counterblast to previous complaints, preventing abuse of judicial process.
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
The main legal point established in the judgment is that serious allegations, such as those involving extortion and physical assault, cannot be quashed based on a settlement agreement at the initial ....
The main legal point established in the judgment is that the power of quashing should be sparingly exercised and only in exceptional cases, and that the court cannot embark upon an enquiry as to the ....
The court emphasized that quashing FIRs should be rare, allowing investigations to proceed unless exceptional circumstances exist.
The court established that criminal proceedings can be quashed if they are found to be initiated with mala fide intentions and constitute an abuse of the court process.
(1) Mere abuse, discourtesy, rudeness or insolence, may not amount to intentional insult within meaning of Section 504, IPC.(2) Provisions of any criminal statute are to be construed and interpreted ....
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