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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vinod Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner drove car unaware of co-accused's rape plan. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. charge sheet filed; seeks fir quashing as abuse. (Para 8 , 9 , 10) |
| 3. prosecutrix complaint details rape with driver facilitation. (Para 11 , 12 , 18 , 19) |
| 4. no prima facie case against petitioner per counsel. (Para 13 , 14 , 15) |
| 5. quashing guidelines: bhajan lal categories prevent abuse. (Para 16 , 17) |
| 6. no specific allegations against driver; statements inconsistent. (Para 20 , 21 , 22 , 23 , 24) |
| 7. fir quashed; no case against petitioner. (Para 25 , 26) |
Judgment :
Virender Singh, J.
The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) for quashing FIR No. 249/2024, dated 7.11.2024, registered under Sections 64 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’), with Police Station, Nurpur, District Kangra, H.P. (FIR in questio).
2. According to the petitioner, the said FIR has falsely been registered against him, as he has nothing to do with the offence, for which, he has been named and arrested, as accused.
3. According to the petitioner,
FIR quashed against vehicle driver in rape case as no prima facie offence disclosed against him beyond following co-accused directions, applying quashing guidelines under inherent powers.
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
A petitioner can seek to quash an FIR under Section 482 Cr.P.C. if the allegations do not specifically implicate them, thus preventing abuse of judicial process.
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
Vague allegations in matrimonial disputes do not sustain a criminal complaint; specificity in accusations is required to avoid abuse of legal process.
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