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SATISH KUMAR SHARMA
Rabiya Bano – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 78/2021 registered at Police Station Kaman, Distt. Bharatpur for the offence under Sections 420, 467, 468, 471, 193, 198, 199, 120B IPC.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioners submits that the petitioner No. 1 is an elected Sarpanch of Gram Panchayat Gadhzaan Distt. Bharatpur. The defeated candidate Smt. Hazari has lodged this FIR due to political rivalry. The impugned FIR has been lodged mainly with the allegation that the petitioner No. 1 gave false information in the nomination paper during the course of election process. Thus, even if the allegations are taken to be true at the most offence under Section 177 Cr.P.C. is made out for which complaint can be made only by the Public Servant in terms of Section 195(1)(a) Cr.P.C. Accordingly, the impugned FIR deserves to be quashed being non-maintainable. He has placed reliance on judgment passed by this Court in SB CRLMP No.1561/2019; Rekha Bano v. State of Rajasthan decided on 07.03.2019.
4. Learned Public Prosecutor has opposed the petition with the sub
The scope of Section 482 Cr.P.C. is limited, and if the contents of the FIR constitute the commission of a cognizable offence, it cannot be quashed at the very threshold.
The court clarified that allegations of forgery allow for FIR registration without a public servant's complaint, thus enabling investigation.
The main legal point established in the judgment is that the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence and only constitute non-cognizable offences, the FIR can be quashed.
A compromise does not permit quashing of FIRs for non-compoundable offences under IPC.
The main legal point established in the judgment is the exercise of power under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of any Court or to secure the ends of jus....
The central legal point established in the judgment is the court's power to quash FIRs under Section 482 of Cr.P.C. and the categories of cases where this power could be exercised.
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