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MANOJ KUMAR GARG
Dhunka Ram S/o. Shri Taga Ji – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioners have preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.0066/2022 registered at Police Station Jaswantpura, District Jalore for the offences under Sections 384, 327, 342, 323, 504 and 149 of IPC.
2. Learned counsel for the petitioners submits that no specific allegation has been levelled against the petitioners and they have falsely been implicated in this case. So far as, demand of money is concerned, the video and audio clips do not show that any specific demand has been made by any of the accused persons. Thus, a false allegation has been levelled against them with regard to demand of money and beating, therefore, the offences punishable under Sections 384 and 327 IPC are not made out against the petitioners. In these circumstances, the FIR lodged against the petitioners being frivolous, may be quashed.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by learned counsel for the petitioners.
4. Heard learned counsel for the parties and perused the FIR.
5. As per Police report, three video clips have been produced, out of which, as per second video and audio clip, petitioners No.1-Dhun
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
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