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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Rohit Sharma S/o Shri Kanhaiya Lal Ji Sharma – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
FARJAND ALI, J.
1. The petitioner has sought quashing of the FIR No. 121/2018 registered at Police Station Chhoti Sadri, Pratapgarh for the offence under Sections 383, 385, 506 of the IPC.
2. The brief facts as narrated in the FIR are that complainant Ganesh Lal lodged the FIR for the allegations that the petitioner used to harass him and mount pressure to deliver illegal amount or donations to him, or else he would publish news in the newspaper about his corrupt practice and then would make the news viral on social media. The FIR also has a recital about sending a complaint by the petitioner to the Registrar, Board of Revenue Board, Rajasthan, Chief Minister of Rajasthan and copies of which were sent to the Chief Minister of Rajasthan, IG of Anti- Corruption Bureau, Rajasthan, having false allegations of his corrupt practice. 2.1 Based upon the aforementioned allegations, the investigation is being carried by the police. Hence, the Misc.Petition.
3. I have heard the counsel for the parties and gone through the niceties of the matter.
4. After perusing the material available on record, it is necessary to first discuss the provision of extortion and how it is defined under IPC. F
For extortion under IPC, there must be an intention to induce delivery of property due to fear; mere threats without delivery do not constitute the offence.
The main legal point established in the judgment is that the power of quashing should be sparingly exercised and only in exceptional cases, and that the court cannot embark upon an enquiry as to the ....
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
(1) Extortion – Commission of offence of extortion is not sine qua non for offence under Section 387, IPC – For prosecution under Section 387, IPC, delivery of property is not necessary – Section 387....
The essential elements of extortion require an actual delivery of property under threat, which must be established for a charge under Section 387 IPC to be valid.
(1) Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account the over....
The court emphasized that quashing FIRs should be rare, allowing investigations to proceed unless exceptional circumstances exist.
The essential ingredients for offences of extortion, criminal intimidation, and criminal breach of trust must be clearly established, and failure to do so warrants quashing of proceedings under Secti....
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