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CHANDRA KUMAR SONGARA
Sabri Devi – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. fir and petition to quash. (Para 1) |
| 2. arguments for quashing the fir. (Para 2) |
| 3. cited precedents in arguments. (Para 3) |
| 4. opposition arguments on fir. (Para 4 , 5) |
| 5. court's consideration of material. (Para 6) |
| 6. principles under section 482 cr.p.c. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 7. crime elements satisfied in fir. (Para 14) |
| 8. writ petition dismissed. (Para 15) |
| 9. dismissal of petition. (Para 16 , 17 , 18) |
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioners with the prayer for quashing of F.I.R. No.269/2019 dt.10.10.2019 registered at Police Station Ganj District Ajmer for offences punishable under Sections 420 , 406 and 120-B of INDIAN PENAL CODE , along with all subsequent proceedings.
2. Learned counsel appearing for the accused-petitioners has submitted that the impugned F.I.R., along with all subsequent criminal proceedings, is prima-facie illegal & perverse. Counsel has further submitted that previously, a different F.I.R. was lodged against the complainant in 2014, wherein he was accused of committing theft of ancestral jewelry but the matter was c
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The main legal point established in the judgment is that the court has the power to quash criminal proceedings if they are an abuse of process and do not constitute a criminal offense.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
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