KULDEEP MATHUR
Lakhveer Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - By way of filing the instant criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for following relief:
2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Learned counsel submitted that the FIR against the present petitioners has been lodged after a delay of about ten days without furnishing any plausible explanation for the same. Learned counsel further submitted that a civil dispute is also pending between the parties on the same set of facts and therefore, the same has been given a colour of criminal offence by the complainant to pressurize the petitioners and force them to settle the civil dispute.
3. Per contra, learned Public Prosecutor has opposed the prayer made in the prese
The court found prima facie evidence of cognizable offences in the FIR, justifying the continuation of proceedings despite claims of false implication.
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
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 court cannot quash an FIR based on the correctness of allegations at the stage of Section 482 Cr.P.C. without sufficient grounds.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The court can exercise its wide amplitude powers under Section 482 Cr.P.C to quash criminal proceedings based on the nature of the offences, the voluntary nature of the compromise, and the conduct of....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.