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PUSHPENDRA SINGH BHATI
Jagdish Jat – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No. 0046/2020 P.S. Chanderiya, District Chittorgarh for the offences under Sections 420, 406, 467, 468, 471 & 469 IPC.
2. Learned counsel for the parties jointly submit 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 v. State of Rajasthan & Anr. decided on 31.05.2016, which reads as follows:-
"This Criminal Misc. Petition under section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing of the FIR No. 30/2015 lodged at Police Station, Sheo, District Barmer for the offences punishable under sections 420, 192 IPC.
The impugned FIR has been lodged on the basis of a complaint filed by the complainant mainly with the allegation that the petitioner while contesting election for the post of Sarpanch of Gram Panchayat, Dharvi Kalla in the General Election, 2015, submitted false declaration regarding his children in the nomination form. It is also contended that as per the provisions of Rajasthan Panchayati Raj Act, any pe
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 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 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 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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