FIR & Chargesheet Can Be Quashed If Allegations or Evidence Do Not Establish Commission of an Offence
Case: Mr. Abhishek Gupta & Anr. V. State Of Nct of Delhi & Anr
Coram: Justice Asha Menon
Case No.: CRL.M.C. 1064/2022 & CRL.M.A.4586/2022
Court Observation: “When seen on these touchstones, it is clear that the entire thrust of the arguments of the learned counsel for the petitioners is on the genuineness of the allegations made against the petitioners,”
“As observed in Bhajan Lal case (supra), it is when the allegations made in the FIR, if taken at face value alongwith other materials accompanying the FIR, do not disclose an offence, that the court would be justified in quashing the FIR. If the allegations made in the FIR or complaint or the evidence collected, though remaining uncontroverted, do not disclose the commission of an offence, then the FIR and charge-sheet could be quashed,”
“If these allegations were to be taken at face value or they were to be treated as uncontroverted, they disclose the commission of various offences by the accused persons including the petitioners in cohort with each other. None of these allegations appear to be absurd or inherently improbable,”
“In the light of these discussions, no merit is found in the petition which is dismissed in limine,”
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Keywords
FIR, Chargesheet
