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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Hansraj – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. The petitioner has filed the present petition under Section 482 of CrPC/528 of BNS S for quashment of FIR bearing Crime No.193/2024, dated 13/10/2024 registered at P.S. Narayangarh, District Mandsaur, for offence u/s 296, 115(2), 351(3), 3(5), 117(2) of the , 2023.
2. Prosecution story in nutshell is that on 28.9.2024, at about 01:19 pm, the complainant alongwith Sourabh and Pawan appeared in police station and reported that on the same day they have gone to talk with petitioner as to why he is talking against them on the issue of election. Thereafter, the petitioner has used filthy language and in the meantime another person Jitendra came and both have beaten the injured persons and the complainant has received injury on his finger of right hand and he has also received other injury on his body. On the report filed by the complainant, FIR bearing Crime No.193/2024, dated 13/10/2024 has been registered at P.S. Narayangarh, District Mandsaur, for offence u/s 296, 115(2), 351(3), 3(5), 117(2) of the BNSS .
3. Learned counsel for the petitioner submitted that the complainant has neither beaten the injured persons nor abused them. Actually, it is the complainant party who h
The court reaffirmed that inherent powers under Section 482 should be sparingly exercised to prevent abuse of process, with the necessity to allow factual determinations in a trial context.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
Court when it exercises power under Section 482 Cr.P.C., only has to consider whether allegations in FIR disclose commission of a cognizable offence or not.
The power to quash a criminal proceeding should be exercised sparingly and cautiously to prevent abuse of process of any court and to secure the ends of justice.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The inherent power to quash FIRs is strictly limited, requiring demonstrable grounds of abuse of process, not merits traditionally evaluated in trials.
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