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MANOJ KUMAR GARG
Ram Lal Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioners have preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.288/2022 registered at Police Station Gangapur, District Bhilwara for the offence under Sections 147, 341, 323, 354 and 504 of IPC.
2. Learned counsel for the petitioners submits that earlier the present complainant had filed an application before the Police Station Gangapur, District Bhilwara, wherein proceedings under Sections 107 and 151 Cr.P.C. were initiated, in which statement of complainant Bali Devi was recorded by the Sub Divisional Magistrate. In the said statement, no allegation with regard to offence under Section 354 IPC has been levelled by the respondent No.2. Counsel further submits that the petitioners are the registered owners of the agriculture land and the possession has also handed over to the petitioners. Counsel has placed reliance on a decision of Rajasthan High Court in the case of Vena Ram & Ors. Vs. State of Rajasthan [2002 (2) WLN 628]. In these circumstances, since the FIR lodged against the petitioner being frivolous, is liable to be quashed.
3. Learned Public Prosecutor submits that as per factual report received from the concerned Police Station, a
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.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
Court when it exercises power under Section 482 Cr.P.C., only has to consider whether allegations in FIR disclose commission of a cognizable offence or not.
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.
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.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
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