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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Mahender Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The present petition has been filed under Section 482 of Cr.P.C. of 1973 (hereinafter to be referred as 'Cr.P.C., 1973') by the petitioner-Mahender Singh for quashing of FIR No.0303 dated 08.10.2021 registered under Sections 323, 354-A, 354-B and 506 of Indian Penal Code, 1860 (Sections 376 and 511 of IPC were added later on) at Police Station Kheripul, District Faridabad, Haryana; with a further prayer for quashing of the challan dated 29.10.2021 along with all subsequent proceedings arising therefrom.
2. The factual matrix of the case, as relevant for consideration of the issue(s) in hand, is as follows:
(i) An FIR was got registered by the complainant-respondent No.2 bearing FIR No.0303 dated 08.10.2021 registered under Sections 323, 354-A, 354-B and 506 of Indian Penal Code, 1860 and Sections 376 and 511 of IPC (added later on) at Police Station Kheripul, District Faridabad, Haryana. The said FIR, as spelt out in the present petition, reads as follows:
(ii) The challan (report under Section 173 of Cr.P.C. of 1973) was filed by the Police in which Sections 376 and 511 of IPC were added.
(iii) The petitioner had earlier preferred a quashing petition before th
The High Court's inherent powers under Section 482 of Cr.P.C. are unbridled, allowing intervention to prevent abuse of process, but not for evaluating evidence, which is the trial court's role.
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
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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