2021 Supreme(Raj) 469

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Kamlesh Tater - Appellant
Versus
State - Respondent
Criminal Miscellaneous (Petition) No. 295 of 2021
Decided on : 06-04-2021

The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.

Headnote:

Quashing of FIR - Allegations under Sections 376, 406 & 120-B of IPC - [Section 482 Cr.P.C.] - [102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not primafacie constitute any offence or make out a case against the accused. 2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a noncognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.]

Fact of the Case:

The petitioner filed a petition under Section 482 Cr.P.C. for quashing of FIR No.19/2021 registered for offences under Sections 376, 406 & 120-B of IPC. The petitioner argued that the impugned FIR was false and illegal due to a considerable delay in lodging the complaint.

Finding of the Court:

The court found that specific allegations were levelled against the petitioners, and at the preliminary stage, it cannot be said that the FIR is liable to be quashed.

Issues: The issues involved whether factual or legal are of great magnitude and cannot be seen in their true perspective without sufficient material.

Ratio Decidendi: The court relied on the guidelines laid down by the Hon'ble Supreme Court in various cases, emphasizing that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.

Final Decision: The court dismissed the misc. petition for quashing the FIR No.19/2021, along with the stay petition.