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MANOJ KUMAR GARG
Anandi Eknath Shetke – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The petitioner has preferred this writ petition under Section 482 of Cr.P.C. for quashing the FIR No.0498/2021 registered at Police Station Kotwali, District Nagaur for the offence under Sections 420, 467, 468, 471 & 120-B of IPC.
2. Learned counsel for the petitioner submits that earlier the petitioner was partner in the firm namely Jyotibha Trading Company but later on petitioner executed a partnership dissolution deed on 29.01.2021 and petitioner informed the bank that she is no more a partner of the said firm. It is argued that petitioner is not involved in the affairs of the firm with the Bank and she has been implicated in this case only on the basis of name being shown as partner in the Bank account of the firm. Therefore, it is prayed that the FIR may be quashed.
3. Learned Public Prosecutor has opposed the prayer made by the petitioner.
4. I have considered the arguments advanced before me and carefully gone through the case diary.
5. From the perusal of case diary, it is evident that the petitioner and her husband both prepared forged documents and by putting forged signature on the cheque, obtained money from the Bank in their account whereas, the account holder did
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and only in rare cases. The High Court should not give a premature decision when the entire facts are i....
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.
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.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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 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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