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VIVEK AGARWAL
Deepak Rathore – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This petition is filed seeking quashing of the FIR dated 10.04.2022, Annexure P/5 registered under Section 341, 327, 355, 323, 294, 506 and 34 of IPC on the complaint of Champa Bai Thakur against the present petitioner and others on the ground that petitioner's family is being harassed and FIR is lodged only to evince the complaint made by the petitioner.
2. Nobody is appearing for the petitioner but perusal of the petition and the grounds mentioned therein, it is evident that FIR is registered after investigation was carried out and prima facie commission of cognizable offence under the aforesaid sections was made out.
3. The law on the subject is crystal clear. The Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others,221 SCC OnLine 315 in para-80 has held as under :
"i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence;
ii) Courts would not thwart any investigation into the cognizable offences;
iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the f
The central legal point established in the judgment is that the power to quash an FIR should be exercised sparingly and with caution, in accordance with the parameters laid down in the relevant legal....
The court established that judicial interference in police investigations is limited and should only occur in exceptional cases to prevent miscarriage of justice.
The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.
(1) Power of quashing should be exercised sparingly with circumspection. While examining an FIR/complaint, quashing of which is sought, court cannot embark upon an enquiry as to reliability or genuin....
The court held that specific allegations of assault and trespass in the FIR constituted cognizable offences, thus not warranting quashing.
The power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
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....
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