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MITALI THAKURIA
Anjali Sarma W/o Atul Chandra Sarma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. B . Phukan, learned counsel for the petitioner. Also heard Mr. R. J. B aruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. S. Chamaria, learned counsel for the respondent No. 2.
2. This is an application under Section 528 read with Section 438 & 442 of the BNSS , 2023 and Article 226 of the Constitution of India for quashing of Changsari P.S. Case No. 198/2022, under Sections 420 /406/471 of the Indian Penal Code .
3. The case of the petitioner, in brief, is that she is the mother of one Pratisha Sharma, who has been implicated as an accused in connection with Changsari P.S. Case No. 198/2022, under Sections 420 /406/471 of the Indian Penal Code , and vide the present petition, it is prayed by the petitioner for quashing of the case registered against her daughter, namely, Pratisha Sharma. It is stated that the daughter of the petitioner is a Canadian citizen since the year 2020 and got married to the respondent No. 2, who is also a Canadian citizen, in the year 2012 at Guwahati. But therea
Only the accused can file a petition for quashing an FIR unless they are a minor or disabled; third parties lack standing.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The misuse of legal provisions under Section 498A IPC, particularly in retaliatory contexts, is impermissible, warranting quashing of the FIR.
The High Court's inherent jurisdiction under Section 482 allows intervention only in exceptional circumstances to prevent abuse of process, emphasizing that allegations must be taken at face value wi....
The court upheld that prima facie allegations in the FIR warranted continuation of proceedings, as quashing should only occur in clear abuse of process or lack of evidence.
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
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