Back
M. A. CHOWDHARY
Sohan Singh @ Sonu – Appellant
Versus
Rajinder Singh S/o Raghubir Singh – Respondent
JUDGMENT :
1. The petitioners through the medium of this petition seek quashment of FIR No. 122/2013 dated 09.10.2013, registered with Police Station, Janipur against them on the complaint of respondent No.1, for commission of offences under Sections 341, 506 RPC read with Sections 4/25 of Indian Arms Act.
2. As per the impugned FIR, a complaint was lodged by complainant, respondent No. 1 with Police Station, Janipur, Jammu, alleging therein that accused-petitioners herein, who were notorious criminals of the area, have committed a number of heinous crimes and various FIRs have been registered against them in various police Stations of Jammu District; that they have created a scene of terror in the society at large and nobody has come forward for making statements against them as they apprehend that they will be eliminated at any point of time by the accused persons; that some people of the area approached the complainant/respondent No. 1 herein, for bringing the matter to the higher Police authorities, so that they can be saved from the accused persons, as such he brought the matter to the notice of the higher authorities, for initiation of criminal proceeding against the petitioner
The court emphasized that a criminal prosecution cannot be quashed by High Court unless it is shown that allegations and the material available on record do not constitute an offence against the accu....
The court emphasized that the essential ingredients of the offences must be present in the allegations to proceed with a criminal case, and the court may consider additional factors such as apology a....
In order to establish an offence of Criminal Intimidation under Section 506(2) of the IPC, it must be shown that the accused had an intention to cause alarm to the complainant, and mere threats given....
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
The court emphasized the necessity for clear, prima facie evidence of direct involvement in criminal acts for proceeding with charges against the accused.
Allegations must meet specific legal criteria to support criminal charges; vague claims under Sections 294 and 506 of IPC should lead to quashing of FIR and proceedings.
Criminal proceedings can be quashed under S.482 CrPC if the FIR fails to disclose the essential ingredients of the alleged offences or is instituted with malafide intent, rendering the prosecution an....
The central legal point established in the judgment is that the criminal proceedings can be quashed under Section 482 of the Cr.P.C if they are found to be an abuse of due process of law.
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
