The High Court cannot quash an FIR based solely on submissions without evidence; such matters must be determined at trial.

ORDER

The petitioner seeks to quash the FIR registered in Cr.No.387 of 2025 for the offences punishable under Sections 115 (2) and 118 of BNS , 2023 on the file of the first respondent police.

2. The petitioner appears to have assaulted the deceased when the deceased attempted to steal the jewels while the petitioner was sleeping in the Central Railway Station.

3. Heard both sides and perused the materials placed on record.

4. Whether the petitioner exceeded the right of defence or not is a matter of evidence, it has to be seen only when the materials come on record during trial. This Court is of the view that all the factual aspects have to be established only before the Trial Court and this Court cannot quash the FIR merely on the basis of the submissions of the learned counsel for the petitioner. In this regard, it is relevant to note that the Hon'ble Supreme Court in the case of Gunmala Sales Private Limited Vs. Anu Mehta and others reported in (2015) 1 SCC 103 has held that High Court cannot conduct a mini trial or roving enquiry in a 482 petition.

5. Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petition is closed.