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FARJAND ALI
Islamdeen S/o Shri Mehardin – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant Criminal Misc. Petitions have been preferred by the petitioners under Section 482 Cr.P.C. for quashing of FIR No. 187/2008 registered at P.S. Pokhran, Distt. Jaisalmer for the offences under Sections 420, 467, 468, 471 and 120-B of the IPC.
2. Learned counsel for the petitioner submits that prior to filing of impugned FIR No. 187/2008, P.S. Pokhran, District Jaisalmer, the complainant had filed another FIR No. 74/2003 at P.S. Pokhran, Jaisalmer, in which the same set of allegations have been levelled against him as levelled in the instant FIR (No. 187/2008). In yet another FIR No. RC JDH 2007 A0013/2007 which was lodged at P.S. Superintendent of Police, Central Investigation Bureau, Jodhpur before lodging of FIR No. 187/2008, at the behest of Chairman, Jaipur Thar Gramin Bank, similar allegations have been levelled. In FIR No. RC JDH 2007 A-0013/2007, the police had filed negative final report before the Court concerned, therefore, the petitioners have filed the instant Misc. Petition to quash the proceedings arising out of FIR No. 187/2008. It is submitted by counsel for the petitioners that the dispute in between the parties has been resolved through an amica
When dispute is essentially inter se between parties, either they are relatives; neighbours and which does not affect society High Court should exercise its inherent power to quash FIR.
The registration of multiple FIRs for the same allegations is impermissible and constitutes an abuse of process, particularly when prior investigations have concluded with negative findings.
The main legal point established is that the power to quash a criminal proceeding should be exercised sparingly and with circumspection, especially in cases where the allegations do not prima-facie c....
A second FIR cannot be registered for the same occurrence if an investigation is already ongoing for the first FIR, as it constitutes an abuse of process of law.
A second FIR cannot be registered for the same incident; investigations must be consolidated under the first FIR to prevent duplicity.
The court has the authority to quash an FIR if it finds that it is exactly the same as an earlier FIR and if there are subsequent developments, such as the cancellation of the mutation in question.
The court established that FIRs can be quashed when parties reach an amicable settlement, emphasizing the importance of resolving disputes outside of criminal proceedings.
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