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SUDESH BANSAL
Abhishek Adlakha – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Sudesh Bansal, J. - This petition has been filed for quashing of FIR No.121/2023 registered at Police Station Mahila Thana, Gandhi Nagar (Jaipur East) Jaipur for the offence under Sections 498A & 406 IPC.
2. Heard counsel for parties and perused the material available on record.
3. It has been pointed out that during course of instant petition, investigation by the Police in the impugned FIR was continued and after investigation, petitioners No.2,3,4 & 5 have not been found involved in commission of offences under section 498A & 406 IPC, however, against petitioner No.1-husband charge sheet for offences under section 498A & 406 IPC has been filed on 25.09.2023. After filing of the charge sheet, the trial Court has taken cognizance for such offences against petitioner No.1-husband and registered criminal case No.166/2023; State v. Abhishek Adlakha, which is pending before the Court of Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan I, at the stage of charge arguments. Counsel for petitioners, by way of moving application dated 22.01.2024, placed a certified copy of charge sheet, challenging the same so also proceedings of criminal case pending against the petitio
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
The court ruled that allegations of mental and physical cruelty under Section 498A IPC were sufficient to proceed with the case, emphasizing the need for evidence at trial.
Charges framed under Sections 498A and 323 IPC quashed due to lack of specific allegations and evidence, preventing abuse of process of law.
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
Continuing criminal proceedings after a mutual divorce settlement constitutes an abuse of process of law, as established in this case.
Section 498A of IPC (Section 85 of BNS) is often being misused and Court must guard against it – Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead t....
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