The division bench dismissed an application under Section 482 Cr.P.C., holding that the allegations of matrimonial dispute and assault do not warrant the sparing exercise of inherent powers to quash criminal proceedings at the preliminary stage.
Application u/s 482 Cr.P.C. dismissed and impugned proceedings continue.
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Neutral Citation No. - 2024:AHC:193538
Court No. - 75
Case :- APPLICATION U/S 482 No. - 24219 of 2024
Applicant :- Smt. Bhagwan Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases.
evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C.
Order Date :- 10.12.2024 Anand
Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings under Section 482 Cr.P.C. should be quashed given prima facie allegations of trespass, assault, and humiliation.
Whether adjudication of questions of fact and credibility falls within the specialized jurisdiction of a High Court under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Ch. Bhajan LalReferred¶10
AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal · Who else cites this
1 provisions across 1 enactments
Bhagwan Devi
Kant
Ravikant
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
