HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
Suresh Kumar Chandela S/o Shri Data Ram Chandela – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal misc. petition under Section 528 B.N.S.S. has been filed by the petitioner seeking quashing of F.I.R. No.72/2024 (dated 17.02.2024), registered with the Police Station Shastrinagar, District Jaipur City (North), for the offences punishable under Sections 467, 471, 474, 384 & 420 of IPC.
2. Counsel for the petitioner submits that the present impugned F.I.R. has been lodged against the present petitioner with false and fabricated facts. Counsel further submits that no offence is made out against the present petitioner from the averments made in the F.I.R. Counsel also submits that it is not an allegation by the complainant that the petitioner has prepared some forged will, however, the allegation against him is that the alleged will has been obtained by deceiving the person who executed the will. Counsel further submits that the complainant has also filed a civil suit for cancellation of the alleged will.
3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the submissions made by counsel for the petitioner.
4. Considered the submissions made at bar and also perused the averments made in the F.I.R.
5. The law as regards t
The filing of a civil suit does not exempt a person from criminal liability, and the investigating agency must ascertain the truth of allegations in an FIR.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
The court held that specific allegations of assault and trespass in the FIR constituted cognizable offences, thus not warranting quashing.
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
An FIR cannot be quashed if the allegations, taken at face value, indicate the commission of cognizable offences, and the court cannot assess their truthfulness at this stage.
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