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MANOJ KUMAR GARG
Shanker Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present misc. petition has been filed by the petitioner for quashing of FIR No.7/2023, registered at Police Station Kuchera, Distt. Nagaur for offence under Sections 363 of IPC and Section 3(2)(va) of SC/ST Act.
2. The complainant-respondent No.2 submitted a written report before the SHO, Police Station Kuchera, Distt. Nagaur on 05.01.2023 alleging therein that one Chhotu Ram had instigated his daughter, Pooja, and took her in the night of 03.01.2023. It has also been mentioned in the complaint that the so-called person, Chhotu Ram also took away his minor daughter previously on 20.12.2022 and left his daughter back to Kuchera. On this report, an FIR was registered for offence under Section 363 of IPC and Section 3(2)(va) of SC/ST Act.
3. Learned counsel for the petitioner submits that the prosecutrix went along with co-accused Chhotu Ram thrice. The allegations in the present FIR are against Chhotu Ram only and the name of the present petitioner has not been mentioned therein. In fact, the prosecutrix turned hostile with respect to Chhotu Ram in three FIRs registered earlier by the respondent No.2. Now, for the first time, the prosecutrix has made an allegation against t
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
The court's decision was based on the application of the principles laid down in various cases to determine the exercise of inherent powers under Section 482 Cr.P.C. and the prima facie nature of the....
The court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.
Point of Law : Extraordinary jurisdiction under Section 482 Cr.P.C. High Court cannot go beyond the allegations made in the F.I.R. or rely upon extraneous consideration.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
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.
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