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MANOJ KUMAR GARG
Raya Kanwari – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The petitioners have preferred this writ petition under Section 482 of Cr.P.C. for quashing the FIR No.247/2021 registered at Police Station Sadar, District Nagaur for the offence under Sections 323, 447, 354, 504, 457, 34 of IPC.
2. Learned counsel for the petitioners submits that cross cases have been registered between the parties and no specific allegation has been levelled against both the accused. Counsel further submits that no offence has been made out against the present petitioners. Therefore, it is prayed that the FIR may be quashed.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by the petitioners.
4. I have considered the arguments advanced before me and carefully gone through the record.
5. It is evident that complainant has made specific allegations under Sections 164 Cr.P.C. as well as 161 Cr.P.C against the present petitioners. Further, offences under Sections 447, 323 & 504 of IPC have been proved against the petitioner No.2 Arvind Kumar. In these circumstances, it can not be said that FIR is frivolous. Furthermore, FIR cannot be quashed.
6. Hon'ble Supreme Court in the case of State of Haryana & Ors. Vs. Choud
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.
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 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.
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....
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 power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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