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MANOJ KUMAR GARG
Kishore Kumar – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.0164/2022 registered at Police Station Ramsin, District Jalore for the offence under Sections 365, 376, 376(2)(n) of IPC.
2. Learned counsel for the petitioner submits that initial a missing person report was lodged by the father of the prosecutrix and when the prosecutrix was recovered, she did not level any allegation against the petitioner regarding commission of rape. Even in the proceedings under section 197 Cr.P.C. before the court of SDM, the prosecutrix never levelled any allegation of commission of rape against the petitioner. Counsel submits that now a false FIR has been lodged by the prosecutrix against the petitioner with the allegation of commission of rape. Counsel further submits that the age of the prosecutrix was about 19 years but a false averment has been made that she was only 16 years of age. In such circumstances, FIR lodged against the petitioner being frivolous, may be quashed.
3. Per contra, learned Public Prosecutor submits that specific allegation has been levelled against the petitioner in the FIR that the petitioner had committed rape with the prosecutr
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
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 of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
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....
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.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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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