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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Babli Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of FIR No. 123/2016 dated 28th April 2016, registered at Police Station, Dhalli, Shimla for the commission of an offence punishable under Section 447 of the Indian Penal Code (IPC), consequential criminal proceedings arising out of the FIR and charges framed by learned Additional Chief Judicial Magistrate, Court no. 1, Shimla (learned Trial Court) on 7th June 2024, in a casetitled State versus Babli. (The parties shall hereinafter be referred to in the same manner in which they are arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that a complaint was filed before the police against the petitioner/accused asserting that the High Court of Himachal Pradesh had directed the registration of the FIR in cases of encroachment of Forest land in CWPIL No. 17/2014 titled Court on its own motion versus the State of HP vide order dated 27th February 2016. The petitioner had encroached upon 10 Biswas of Forest land in U-257 Kumahali bearing Khasra Nos. 135/1 and 135/2. She constructed a house in three Biswas of land bearing Khasra No.
The court ruled that allegations of encroachment constituted a cognizable offence, affirming that limitation does not apply to continuing wrongs and that civil proceedings do not bar criminal prosecu....
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
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 ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
The pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
FIR cannot be quashed on grounds of civil dispute if specific criminal allegations exist; civil and criminal proceedings may proceed simultaneously.
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court o....
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