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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sudarshana Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J. (Oral)
1. By way of instant petition filed under Section 482 Cr.P.C., prayer has been made on behalf of petitioner for quashing of FIR No.167 of 2020, dated 03.06.2020, under Sections 336 , 337 & 427 IPC, registered at Police Station Bhunter, District Kullu, Himachal Pradesh, as well as consequential proceedings pending in the Court of learned Judicial Magistrate First Class, Court No.V, Kullu, District Kullu, Himachal Pradesh.
2. Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.3-Mr. Surender Kumar (hereafter, ‘complainant’), who in his statement recorded under Section 154 Cr.P.C. alleged that on 03.06.2020 at 04:00 p.m., while he had come from market to his house, one branch of poplar tree, standing in front of his house, fell on the lintel of his house, as a result thereof, his son, who at that relevant point of time was standing in the courtyard, suffered multiple injuries. He also alleged that on account of felling of tree, damage was also caused to water tank and staircase. He alleged that since poplar tree standing in front of th
High Court can quash FIR if prosecution lacks evidence of crime, especially where actions were due to natural causes rather than negligence.
306. Abetment of suicide.—If any person commits suicide, whoever abets commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, ....
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
High Court quashed non-compoundable FIR for rash driving causing death under Section 482 CrPC on voluntary compromise by complainant/legal heirs, as offences not heinous, conviction remote, serving e....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
Single WhatsApp message alleging threats insufficient for prima facie abetment of suicide under Section 306 IPC without evidence of instigation, mens rea or proximate act compelling suicide; FIR quas....
The court emphasized that inherent powers to quash criminal proceedings should be exercised sparingly, particularly in serious offences, to prevent abuse of process and ensure justice.
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