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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL
Khursheed Ahmad Mahajan – Appellant
Versus
Govt of J&K – Respondent
JUDGMENT :
1. Petitioner prays to quash FIR no.16/2021 under Section 420, 120-B of the Indian Penal Code (IPC) registered by Crime Branch Kashmir, on the grounds mentioned in the instant petition.
2. FIR impugned has been lodged and registered on a complaint filed by one Mst. Shareefa Jan (respondent no.2 herein), alleging therein that she has paid a huge amount of Rs.66.74 Lacs to petitioners for purchase of Flat at Greater Noida. Rs.29.50 Lacs in cash had been paid to petitioner no.1; Rs.7.80 Lacs through cheques; and Rs.29.44 Lacs through bank transactions, but the Flat has not been provided to her nor the money has been returned back to her. On receipt of complaint by respondent-Crime Branch, a preliminary verification bearing No.Misc41/2019 was initiated. It surfaced that suspect have deceived complainant.
3. It is stated in the petition that both the petitioners booked residential and commercial units (Flats), located in NCR Greater Noida, Uttar Pradesh, with M/s Earth Infrastructure Private Limited way back in the year 2013. Petitioners made initial payments towards liquidation of agreed consideration amount as part payment, which were made through bank with branch office of th
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs must be exercised sparingly, ensuring sufficient grounds exist for proceeding against the accused without assessing evidence p....
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
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 main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
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