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MANOJ KUMAR GARG
Ajit Damor – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing of fir and specific allegations. (Para 1) |
| 2. malicious intent and opposing claims. (Para 2 , 3) |
| 3. investigation rights and allegations details. (Para 4 , 5) |
| 4. guidelines for quashing fir. (Para 6 , 7) |
| 5. caution in exercising inherent power. (Para 8 , 9 , 10) |
| 6. dismissal of petition to quash fir. (Para 11) |
| 7. final order of dismissal. (Para 12) |
ORDER :
1. The present misc. petition has been filed by the petitioner for quashing of FIR No.158/2023, registered at Police Station Goverdhan Vilas, Udaipur for offence under Sections 341 , 323 IPC.
2. Learned counsel for the petitioner submits that the averment made by respondent No.2 in the FIR is totally false. She lodged the present FIR only for malicious reasons and to trouble the petitioner. It is further contended that earlier, the respondent No.2 got married with one Gangadhar and only after six months, she took divorce from him. She has trapped many people in the same way and has collected money from them. In these circumstances, the FIR lodged by respondent No.2 may be quashed. In support of his argument, learned counsel has relied upon the judgment rendered by this Court in the case of Sachin Sukhla v. State
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....
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 quashing an FIR requires clear evidence of no cognizable offence, emphasizing the need for thorough police investigation.
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 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.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
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