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MANOJ KUMAR GARG
Jitendra – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner's request to quash fir. (Para 1) |
| 2. petitioner's claim of false allegations against him. (Para 2 , 3) |
| 3. court's consideration of allegations in fir. (Para 4 , 5) |
| 4. supreme court guidelines for quashing firs. (Para 6 , 7 , 9) |
| 5. limitations on high court's power to quash fir. (Para 8 , 10) |
| 6. dismissal of petition and stay. (Para 11 , 12 , 13) |
ORDER :
1. The petitioner has preferred this misc.petition under Section 482 of Cr.P.C. for quashing the FIR No. 0002/2023 registered at Police Station Hamirwas, District Churu for the offence under Sections 498-A, 406, 313 of IPC.
2. Petitioner, present in person submits that a totally false FIR has been registered against him by the complainant as he was on duty at the time of occurrence. He further submits that there is no question of cruelty towards the complainant by him. Thus, the complainant only with a view to harass and pressurize him, filed the present FIR. Therefore, it is prayed that the FIR may be quashed.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by the petitioner.
4. I have considered the arguments advanced before me and carefully gone through FIR.
5. F
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the 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 inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
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