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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Thakar Singh Bharmouri – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. setting aside fir and quashing related proceedings (Para 1 , 2 , 3) |
| 2. arguments regarding sufficiency of fir allegations (Para 4 , 5) |
| 3. scope of high court's power under section 482 cr.p.c. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15) |
| 4. insufficient evidence for allegations under ipc and representation act (Para 19 , 20 , 21 , 22) |
| 5. judgment quashing fir and dismissing charges (Para 24 , 25) |
By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of the petitioner for setting aside and quashing of FIR No.110 of 2021, dated 30.10.2021, under Section 125 of the Representation of the People Act, 1951 and Section 504 of Indian Penal Code, registered at Police Station Bharmour, District Chamba, H.P., as well as consequent proceedings, if any, pending adjudication in the court of learned Chief Judicial Magistrate, District Chamba, Himachal Pradesh.
2. Precisely, the facts of the case, which may be relevant for proper adjudication of the case at hand, are that respondent No.4 (hereinafter to be referred to as ‘complainant’), who is an office bearer of Bharatiya Janta Party, lodge
The High Court quashed the FIR under Sections 125 of the Representation of the People Act and 504 IPC due to insufficient evidence for promoting enmity or intentionally provoking a breach of peace.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
The court ruled that an FIR lacking mens rea and intention does not constitute an offence under Section 304 IPC, emphasizing the need for careful exercise of inherent powers under Section 482 CrPC.
Point of law: The extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the CrPC, it could quash a First Information Report. The police had not even com....
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