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NARENDRA SINGH DHADDHA
Allanoor S/o Shri Ibraheem – Appellant
Versus
State of Rajasthan Through PP. – Respondent
ORDER
1. Petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of F.I.R. No.278/2018 registered at Police Station Anantpura, Kota City for the offences under Sections 420, 467, 468, 383, 386, 504 and 406 IPC.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Complainantrespondent No.2 has lodged the present FIR with ulterior motive. Learned counsel for the petitioner further submits that the Complainant-respondent No.2 had taken Rs.4 lacs for domestic need from the petitioner and gave two cheques bearing No.184251 dated 30.09.2015 amount of Rs.1,50,000/- and bearing No.184246 dated 30.09.2015 amount of Rs.2,50,000/-.
3. Learned counsel for the petitioner further submits that the said cheques were dishonoured on account of ’insufficient fund’ and petitioner had given a notice to the complainant-respondent No.2. After that, petitioner had filed a complaint against the complainant-respondent No.2 under Section 138 of N. I. Act in the Competent Court in the year 2016. After that, complainantrespondent No.2 had filed the present FIR against the petitioner on 01.06.2018 regarding same cheques. S
The central legal point established in the judgment is the application of the principles for quashing FIRs, emphasizing the need for sound and reasonable material to rule out the assertions contained....
The court's decision was influenced by the principles laid down in Prashant Bharti v. State of NCT of Delhi and State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., emphasizing the need for sound, ....
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The filing of a civil suit does not exempt a person from criminal liability, and the investigating agency must ascertain the truth of allegations in an FIR.
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
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.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The court established that quashing an FIR under Section 482 Cr.P.C. is permissible only when no prima facie case exists, reinforcing the need for investigations to proceed.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
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