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SATISH KUMAR SHARMA
Ramlal Gochar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 31/2020 registered at Police Station Kaprain, District Bundi for the offences under Sections 420, 467 & 468 IPC.
2. Heard Learned counsel for both the sides and perused the material available on record.
3. Learned counsel for the petitioner submits that though the earlier SB CRLMP No. 1607/2020 filed for quashing of the said FIR has been dismissed by this Court but subsequently compromise has been arrived at between the parties hence, in changed circumstances, this second petition has been filed by the accused- petitioner which is maintainable in view of the judicial pronouncements in Vinod Kumar IAS Vs. Union of India [2021 (4) CTC 495]; Supt. & Remembrancer of Legal Affairs Vs. Mohan Singh [(1975) 3 SCC 706]; Anil Khadkiwala Vs. State (Govt. of NCT of Delhi) & Anr. [(2019) 17 SCC 294]; Shri Rameshwar Devi Vs. State of Rajasthan through Public Prosecutor [SB CRLMP No. 3162/2015]; Prithvi Singh Vs. State of Rajasthan & Anr. [SB CRLMP No. 661/2016]; Balbir Singh Vs. State of Rajasthan [CRLR No. 420 of 2016]; Nijnam Meena Vs. State of Rajasthan [SB CRLMP No. 3376/2017].
He further submits that the pe
A compromise does not permit quashing of FIRs for non-compoundable offences under IPC.
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 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.
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.
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
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