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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Naveen Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.(Oral)
The instant petition has been filed under Section 482 of Cr.P.C. by the petitioner seeking quashing of FIR No.427 dated 25.12.2020 registered under Sections 323, 34, 342, 498-A and 506 of IPC at Police Station Bawani Khera, District Bhiwani, challan report filed under Section 173 of Cr.P.C. as well as the order dated 20.07.2021 whereby charges have been framed by the learned trial Court against him and all the subsequent proceedings having emanated therefrom.
2. Brief facts relevant of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR had been registered against the petitioner on the basis of a written complaint filed by the respondent No.2-Luxmi alleging therein that she was married with the petitioner. He along with his mother used to physically assault her. She was mentally as well as physically tortured by them on account of demand of dowry. Threats were extended to her to get a divorce from the petitioner. Even other members of her in-laws family used to behave very rudely with her. She alleged that now she was four months pregnant and even on the day of lodging of FIR, she was physically assau
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
The court upheld that specific allegations in the FIR constituted a prima facie case for dowry demands and harassment, warranting continuation of proceedings under Section 482 Cr.P.C.
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
General allegations without specific acts do not establish a prima facie case for dowry death under Section 304B IPC, warranting quashing of the FIR.
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....
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 court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.
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