Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vinay Aggarwal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner Vinay Aggarwal, has filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for quashing of FIR No.1/2022, dated 06.01.2022 (hereinafter referred to as the FIR, in question), registered with Police Station, CID Bharari, District Shimla, H.P., under Sections 170 ,419, 420, 384, 386, 201, 120-B of the INDIAN PENAL CODE , (hereinafter referred to as the ‘IPC’), and Section 25 of the ARMS ACT .
2. The relief of quashing has been sought, on the ground that no case is made out against the petitioner, under the provisions, under which the FIR, in question, has been registered.
3. In order to substantiate his stand, the petitioner has pleaded that as per the allegations, as levelled in the FIR in question, the petitioner visited Kala Amb and Baddi area along with security guard of Haryana Police and proclaimed himself to be IG Intelligence Bureau
4. According to the petitioner, he is visiting these places for the last two years, as he is one of the owners of firm Kalprishi Healthways Private Limited. The said company took over the erstwhile RAS Herbal under the tripartite agreement executed be
The quashing of FIR is warranted when the allegations do not constitute a cognizable offense, reflecting abuse of process, especially in civil disputes masquerading as criminal complaints.
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
The truth or falsity of the allegations in the complaint should not be determined at the earliest stage.
Court held that breaches of contract, if primarily civil in nature, do not implicate criminal liability unless fraudulent intent is evident from the outset.
Quashing – High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution.
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
