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MANOJ KUMAR GARG
Ajit Damor – Appellant
Versus
State of Rajasthan – Respondent
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 of Rajasthan reported in (2021) 1 RLW 83.
3. The respondent No.2, who is present in person and the learned Public Prosecutor have vehemently opposed the prayer of the petitioner.
4. I have considered the rival arguments and carefully gone through the case-diary.
5. In the statement under Section 161 & 164 Cr.P.C., the complainant has made specific averment against the p
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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