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MANOJ KUMAR GARG
Kumbha Ram Godara – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present misc. petition has been filed by the petitioner for quashing of FIR No. 216/2020, registered at Police Station Kuchera, Distt. Nagaur for offence under Sections 450 , 354, 384, 376, 504 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(ii), 3(2)(v) & 3(2)(Va) of SC/ST (Prevention of Atrocities), Act.
2. Brief facts of the case are that the respondent No. 2 submitted a written report before the SHO, Police Station Kuchera stating inter alia therein that she and her husband-Sewa Ram are residing in the field of one Shripal Manda at village Dhadhariya Khurd in a hut and they do agricultural work there. She stated that on 16.11.2020 around 7.30 to 9.00pm, Kumbha Ram (petitioner) came to her dhani. At that time, she was alone and when she asked him the reason of coming, he told her that since her husband is out of town, he has come to have sex with her. She objected the same but the accused had toren her cloths and committed rape with her. Accused also abused her by using filthy caste oriented language. It was further alleged that accused also threatened her for dire consequences if she would disclose the incident to anyone. It was also stated in the complaint that the
The court established that quashing an FIR requires clear evidence of no cognizable offence, emphasizing the need for thorough police investigation.
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
The court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.
The court established that quashing an FIR requires clear absence of a prima facie case, and the investigation must be allowed to proceed unless the allegations are patently absurd.
The court ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
The court's decision was based on the application of the principles laid down in various cases to determine the exercise of inherent powers under Section 482 Cr.P.C. and the prima facie nature of the....
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