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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Ramesh Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. fir quashing petition based on land boundary dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. allegations of assault to outrage modesty under s354 ipc. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. bhajan lal guidelines limit s482 quashing powers. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. pulling dupatta does not outrage woman's modesty. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. official gd entries indicate fir as counter-blast. (Para 33 , 34 , 35 , 36) |
| 6. proceedings quashed to prevent abuse of process. (Para 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
Virender Singh, J.
Petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for quashing of FIR No.42/2021, dated 11.10.2021, (hereinafter referred to as the FIR, in question) registered, under Sections 354 and 506 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station Renukaji, District Sirmaur, H.P., as well as, the proceedings resultant thereto, pending in the Court of learned Judicial Magistrate First Class, Nahan (hereinafter referred to as ‘the trial Court’), by way of Police Challan No.232 of 2021, titled
FIR for outraging modesty by pulling dupatta and intimidation in boundary dispute quashed under inherent powers as allegations fail prima facie test, proceedings mala fide counterblast to civil land ....
The absence of prima facie evidence in criminal allegations justifies quashing proceedings to prevent abuse of the judicial process.
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....
Power under Section 482 Cr.P.C. can be exercised by the High Court also in a situation where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously in....
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
Cruelty – Court must guard against false and vindictive cases..
The High Court's inherent powers under Section 482 CrPC should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecutions.
The central legal point established in the judgment is the exercise of powers under Section 482 of the Cr.P.C. to prevent abuse of the process of law.
Legal proceedings can be quashed if they are established to be maliciously instituted without sufficient evidence, causing an abuse of judicial process.
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