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ANIL VERMA
Shyam – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under section 482 of the Code of Criminal Procedure (in short Cr.P.C.) has been filed by petitioner for quashment of FIR dated 29.9.2022 registered vide crime No. 554 of 2022 at police Station Sector 1 Pithampur District Dhar for offence under sections 376, 376(2)(n) and 506 of Indian Penal Code (In short IPC) and all subsequent proceedings.
2. Brief facts of the case are that on 29.9.2022 prosecutrix lodged an FIR at police station Sector No. 1 Pithampur by stating that she is living separately from her husband since last 15 years alongwith her on and daughter. She has given two rooms to Basubai for rent. The present applicant who happens to be brother of Basubai used to come in the said house. ngagement of her son Kanha was solemnized with applicant's daughter Rani on 15.2.2021. On 20.2.2021 at about 5 pm when prosecutrix was alone in her home, at that time applicant entered into her house and told her that "I shall look after your children" and thereafter he has committed rape upon her and repeated same act on several times by threatening her that if she discloses the incident to anyone then he will kill her. Thereafter she broke up engagement of her son w
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.
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 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....
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
The main legal point established in the judgment is that heinous and serious offences like rape, which have a serious impact on society, cannot be quashed based on a settlement between the parties.
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