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RAJBIR SEHRAWAT
Sonia Verma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.375 dated 31.10.2022 registered under Sections 420 , 467, 506, 34 and 120B of the INDIAN PENAL CODE , 1860 (for short 'the IPC') ( Section 467 IPC added later on) at Police Station Kasola, District Rewari.
2. A perusal of the allegations in the FIR show that the entire aspect relates to Killa No.8 in Rectangle No.33. It is not even in dispute that the petitioner had not purchased Killa No.8 in Rectangle No.33. Therefore, on the face of it, it cannot be said that the ingredients of the orders are not, per se, made out. Therefore, this Court does not find any ground to quash the aforesaid FIR as such.
3. Dismissed.
4. However, nothing said herein shall be taken as an expression of opinion on merits of the case in any other proceedings.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
Point of Law : The remedies available in law for false and vexatious charges have also been highlighted in the said judgment to dissuade the High Courts from exercising powers under Section 482 CrPC.
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The court has the discretion to dismiss a petition for quashing an FIR under Section 482 of Cr.P.C. if the circumstances make it infructuous.
The court emphasized the limited circumstances in which an FIR/complaint can be quashed, as per the principles laid down by the Hon'ble Apex Court.
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