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MANOJ KUMAR GARG
Sohan Lal S/o. Sh. Kishan Lal – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT :
1. Instant criminal misc. petition has been filed by the petitioner for quashing of FIR No.250/2022 dated 20.04.2022 registered at Police Station Sangaria, District Hanumangarh for offence under Sections 406, 420 IPC and Sections 4 & 5 of Chit Fund Act, 1982.
2. Facts in brief are that the on 22.11.2021, respondent No.2/ complainant filed a complaint before the ACJM, Sangria, District Hanumangarh against the present petitioner, accused Nindi Soni and Rajpal, inter alia alleging therein that he was working in Aurik Motors, Sangria. In the month of May, 2021, accused Nindi Soni came to the complainant and told him to invest in Kinko Marketing Pvt. Ltd. Company, which is a chit fund company. At that time, accused Nindi Soni was also working in the said company. The accused Nindi Soni also narrated the complainant about the investment plans. It has been alleged that relying upon Nindi Soni, the complainant transferred Rs.25,000/- to Nindi Soni through Googal Pay for the purpose of investment in the said chit fund company. Two more persons namely Pankaj and Punit also transferred money to accused Nindi Soni. It has been further alleged that the present petitioner Sohanlal and a
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and the court cannot interfere with the investigation process unless there are exceptional circums....
The power of quashing criminal proceedings should be exercised sparingly and only in exceptional cases, as per the principles laid down by the Hon'ble Apex Court.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
A complaint under Section 156(3) must be supported by an affidavit; failure to provide it can lead to quashing of criminal proceedings based on insufficient evidence.
The power of quashing should be exercised sparingly with circumspection, and the court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases.
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