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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Farjand Ali, J
NITIN DOSI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant criminal misc. petition under Section 482 Cr.P.C./ 528 BNSS has been preferred by the petitioner for quashing of FIR No.7/2023 registered at Police Station Cyber Police Station, Deputy Commissionarate (Crime) Commissionerate Jodhpur for the offence under Sections 420, 406, 120-B of the IPC and Section 66-C and 66-D of the IT Act.
2. Learned counsel for the petitioner prays for quashing the aforementioned FIR and all further proceedings in pursuant thereof.
3. Per contra, learned Deputy Government Advocate opposes the submission of learned counsel for the petitioner for quashing of the FIR and all further proceedings in pursuant thereof.
4. The petitioner is not named in the FIR so also while keeping the investigation pending under sub clause 8 Section 173 of the Cr.P.C., his name was not mentioned there. Now, in relation to an offence under Information Technology, the Agency is trying to book him although he has not committed any offence.
5. After hearing learned counsel for the parties and going through the niceties of the matter, this Court feels that though no case for quashing of the FIR is made out but there are certain circumstances persuading to this Court
The court emphasized the protection of the petitioner's liberty, ruling that he should not be arrested during the investigation for offences triable by Magistrate, as per established legal principles....
The court emphasized that the inherent power of the High Court should not be used to stifle a legitimate prosecution and that the question of mala fides is not relevant if the complaint is correct an....
The court ruled that an FIR cannot be quashed when ongoing investigations reveal potential offences, allowing petitioners to present their case to the Investigating Officer.
The court quashed the FIR as there was no prima facie case against the petitioner, affirming the narrow scope of intervention under Section 482 CrPC.
The court can quash FIRs for non-compoundable offences if the dispute is personal and does not affect public peace, promoting harmony between the parties.
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