PUSHPENDRA SINGH BHATI
Babu Khan S/o Shri Gani Khan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No.72/2021 P.S. Khunkhuna, District Nagaur for the offences under Sections 420, 467, 468, 471 & 120-B IPC.
2. Learned counsel for the parties jointly submit that the present case is squarely covered by the decision rendered by this Court in S.B. Criminal Misc. Petition No.3797/2016 decided on 31.05.2016, which reads as follows:
2. Learned counsel for the petitioner states that the present case is squarely covered by the decision rendered by a coordinate Bench of this Court in S.B. Criminal Misc. Petition No.661/2016; Prithvi Singh Vs. State of Rajasthan & Anr. decided on 31.05.2016.
3. The coordinate Bench of this Court on 31.05.2016 has passed the following order in Prithvi Singh (supra):-
“This Criminal Misc. Petition under section 482 CrPC has been filed by the petitioner with a prayer for quashing of the FIR No.30/2015 lodged at Police Statio
The main legal point established in the judgment is the exercise of power under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of any Court or to secure the ends of jus....
The central legal point established in the judgment is the court's power to quash FIRs under Section 482 of Cr.P.C. and the categories of cases where this power could be exercised.
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence, the FIR can be quashed.
The main legal point established in the judgment is that the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence and only constitute non-cognizable offences, the FIR can be quashed.
A compromise does not permit quashing of FIRs for non-compoundable offences under IPC.
The scope of Section 482 Cr.P.C. is limited, and if the contents of the FIR constitute the commission of a cognizable offence, it cannot be quashed at the very threshold.
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