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SUDESH BANSAL
Mamta W/o Shri Kartar Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Both these petitions have been preferred by the petitioner-Smt. Mamta, invoking inherent powers of the High Court envisaged under Section 482 Cr.P.C., seeking to quash the FIR No.253/2015 registered at Police Station Ashok Nagar, Jaipur for offences under Sections 420, 466, 468, 471, 193 and 218 IPC so also to quash all criminal proceedings emanating therefrom including filing of the charge-sheet and framing of charges for such offences in Criminal case No.323/2016 titled State Vs. Mamta Gurjar pending before the Court of Additional Civil Judge and Metropolitan Magistrate No.11, Jaipur Metropolitan I.
2. As per current status report, in the present criminal case after framing charges on 03.02.2017, the case is pending at the stage of prosecution evidence.
3. The factual matrix of the case, as culled out from the record, in nutshell, is that:
3.1 One FIR No.93/2014 for offences under Sections 354, 420, 384 IPC was registered by one Ms. Nidhi Sahu at Police Station Pratap Nagar, Jaipur City (East) against her Guru Shri. Gaurakhi Nagar levelling an allegation that she came
The main legal point established in the judgment is the abuse of process of law and the exercise of inherent powers of the High Court under Section 482 Cr.P.C. to quash the impugned FIR and all crimi....
The court emphasized that criminal proceedings cannot be initiated for civil disputes, and jurisdiction is essential for the validity of an FIR.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
The main legal point established in the judgment is that unsubstantiated allegations, delay in filing a complaint, and discrepancies in the complainant's documents may lead to the quashing of the ord....
A petition for quashing criminal proceedings can be dismissed even if one accused has died, as long as there is no legal bar to continuing against the living accused and factual disputes should not b....
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
Exercise of jurisdiction under Section 482 of the CrPC for quashing an FIR should be sparingly and carefully exercised, and the court cannot examine disputed questions of fact at this stage.
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