CHANDRA KUMAR SONGARA
Abdul Hameed – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner with the prayer for quashing of F.I.R. No.629/2019 dt.01.11.2019 registered at Police Station Gangapur City District Sawai Madhopur for offences punishable under Sections 498-A, 406, 323 & 504 of INDIAN PENAL CODE .
2. Submissions of learned counsel appearing for the accused-petitioner are that the petitioner has instituted a suit for restitution of conjugal rights before the learned Civil Court, Gangapur City and after issuing notice therein, the complainant-respondent No.2 lodged the present F.I.R. with the mala-fide intention against the petitioner & his family members. The petitioner has also filed a complaint before the Court of A.C.J.M., Gangapur City against the complainant-respondent No.2 & her family members for offences punishable under Sections 143, 342, 323 and 382 of I.P.C. The petitioner is residing in the State of Uttar Pradesh for his livelihood and he has already deposited total 'stridhan' of complainant-respondent No.2 at concerned Police Station and the allegations levelled against him are totally false.
M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the 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....
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.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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