FINAL Quashing - Deepak Sah
FINAL Quashing - Deepak Sah
Procedure, 1973
AND
GUPTA, age about – 69 Years, Male, S/o Shri Paltu Sah, R/o
Bhagalpur.
Versus
Bihar.
…… Opposite Parties
To,
Trial No. 945 of 2023 arising out of Mahila P.S Case No. 18
Court earlier for same relief nor has filed any application for
as follows:
rupees cash;
Annexure – P/1.
6
498A, 406, 504, 506 r/w 34 of Indian Penal Code and 3/4 of
– P/2.
9. That under the present FIR the Opposite Party No. 2 has
– P/4.
9
Party No. 2 has told that she called her brother Dheeraj after
– P/5.
10
police on 112.
under the present FIR, the place of incident has been alleged
the Loni P.S., Ghaziabad, the alleged incident has not been
mentioned at all.
13. That under the present FIR the Opposite Party No. 2 has
alleged that she had called her brother named Dheeraj after
16. That prior to lodging the present FIR the Opposite Party No.
13.06.2022”).
– P/7.
her Mobile No. and upon the consent of the Opposite Party
12.08.2022.
13
18. That under the present FIR the Opposite Party No. 2 has
all.
14
the present FIR, it has been alleged that the Opposite Party
Shah, (ii) Kajal Devi. W/o Shri Ram Chandra Shah, (iii)
are arrested."
24. Further, in Preeti Gupta & Anr. Vs. State of Jharkhand &
complaints which are not even bona fide and are filed
the Bar should also ensure that one complaint should not
and circumspection.
25. In Geeta Mehrotra & Anr. Vs. State of UP & Anr., ( 2012 )
Court had held that the High Court should have quashed
agree that:-
of the family are also involved with the result that those
The view taken by the judges in this matter was that the
28. That the Opposite Party No. 2 has levied allegations upon
ever submitted by the Opposite Party No. 2 nor the same has
Opposite Party No. 2, nor did they ever molest, nor did they
ever try to kill her, nor has any incident as alleged has ever
Opposite Party No. 2 are false and baseless and have been
made to harass the accused and the process of law has been
31. That the present FIR was lodged by the Opposite Party No.
wrong, false and baseless and the same has been made with
before registering the FIR as this instant case falls within the
has not done any act which falls under the ambit of the
present matter.
warrant prosecution.
accused.
37. That in case of State of Haryana and Ors. vs. Ch. Bhajan
the accused and with a view to spite him due to private and
personal grudge.
petitioner(s) as alleged.
instant application.
have been made with oblique motive and are not bona-fide.
by the Petitioners;
AND/OR
Begusarai;
AND/OR
this case.
VERSUS
SUBJECT: QUASHING OF
INDEX
11. Vakalatnama