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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY PARIHAR
Abdul Majeed – Appellant
Versus
Union Territory of J&K – Respondent
ORDER :
SANJAY PARIHAR, J.
CRM (M) No. 695/2021
1. The petitioners, through the instant petition filed under Section 482 Cr.P.C., seek quashment of FIR No. 198/2021 dated 12.10.2021 registered at Police Station Mandi for offences under Sections 354, 323 and 382 IPC, along with consequential proceedings arising therefrom.
2. The case of the complainant, as reflected in the FIR, is that on the date of occurrence, when she was alone at her residence, the petitioners forcibly entered her house, caught hold of her from her private parts, tore her clothes and attempted to outrage her modesty. It is further alleged that upon her raising hue and cry, the accused persons fled from the spot after threatening to strip her naked and defame her in case she encountered them again. It is also alleged that while fleeing, they snatched her golden chain.
3. The FIR came to be registered pursuant to directions issued by the Court of District Mobile Magistrate, Poonch under Section 156(3) Cr.P.C. During the course of investigation, the Investigating Agency found offences under Sections 354, 323 IPC to be made out. However, offence under Section 382 IPC was found not substantiated and was dropped. Instead,
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The court upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
The main legal point established in the judgment is the abuse of process of law and the exercise of inherent powers of the High Court under Section 482 Cr.P.C. to quash the impugned FIR and all crimi....
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
High Court cannot quash criminal proceedings pre-trial if sufficient evidence exists; such issues must be determined at trial.
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