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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Mohammad Akram Rather – Appellant
Versus
UT through Director General of Police – Respondent
ORDER :
1. The petitioners herein have invoked the inherent power of this Court enshrined under Section 482 CrPC for quashment of FIR No. 60/2021 registerd with Police Station Devsar under Sections 341, 354 323 and506 IPC.
2. Facts giving rise to the filing of the instant petitions as stated in the petition are that the petitioner 1 is the owner in possession of land inherited from the ancestors along with part of land purchased in respect whereof a mutation stands attested on 30.09.1968 and that in presence of mother-in-law of the respondent 4 herein being step sister of the petitioner 1 herein who have had taken her share in the inherited property along with the petitioner 1 resulted into attestation of a demarcation mutation in this regard on 09.04.2003 and that greed prevailed upon the respondent 4 herein and started claiming a share in the property of the petitioner 1 and in the process started harassing the petitioner 1 and that though an amicable settlement was undertaken through the intervention of some respectable persons of the area, however, due to adamant approach of the respondent 4 herein the said settlement did not materialize whereafter private respondents challenged
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.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
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 power to quash criminal proceedings under Section 482 of Cr. P.C. should be sparingly exercised and only in deserving cases. Mala fide allegations by the complainant cannot be a ground for quashi....
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
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