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KULDEEP MATHUR
Girdhari – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - By way of filing the present criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.19/2024 registered at Police Station Ratangarh, District Churu for the offences under Section 341, 323, 382, 342 and 143 IPC.
2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case owing to some pre-existing animosity between the parties. Learned counsel submitted that the FIR has been lodged against the petitioners with malafide intentions only with a view to harass and humiliate them. The petitioners are working at Government posts and, therefore, the complainant wants to create pressure upon them to settle outstanding disputes between them. Learned counsel thus prayed that the impugned FIR and proceedings initiated thereof may be quashed.
3. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the misc. petition and submitted that a perusal of the FIR would reveal that specific allegations of committing the impugned acts have been levelled against the petitioners in the FIR. They jointly submitted that the investigation in th
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
The court found prima facie evidence of cognizable offences in the FIR, justifying the continuation of proceedings despite claims of false implication.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The court cannot quash an FIR based on the correctness of allegations at the stage of Section 482 Cr.P.C. without sufficient grounds.
The court cannot quash an FIR under Section 482 Cr.P.C. based on the correctness of allegations, especially when serious cognizable offences are disclosed.
The central legal point established in the judgment is the application of the principles for quashing FIRs, emphasizing the need for sound and reasonable material to rule out the assertions contained....
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 FIR should be exercised sparingly, ensuring no substantial allegations are ignored.
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