Priya Gour
Published on :28 July, 2022 at 20:22 IST
In an matter registered under Section 302 of IPC , the Gujarat High Court declined to exercise its extraordinary jurisdiction to quash the FIR, provided under Section 482 of CrPC.
The Single Judge Bench of Justice Nirala R Mehta was hearing a matter where an application was made before the court for quashing of FIR for offences punishable under Sections 504, 506(2) read with Section 114 of IPC .
The Court made reference to the guidelines put forth in the case of Neeharika Infrastructure to conclude that the power of quashing should be exercised sparingly, with circumstances, in the ‘rarest of rare cases’.
A complaint was alleged to be made on false grounds by the wife which was filed after her husband’s murder by some people in near relation .However, later on investigations revealed that the husband was murdered by the relatives of Applicant. The applicant opposed under the ground of malafide intention of wife merely because his relatives are involved.
The Complainant also alleged in past there were threat warning from Applicant. After which the victim was murdered by some of the relatives of the Applicant.
The Court asserted that, “since the matter does not fall within the ambit of the Four pillars of the Rarest of rarest doctrine (Neeharika Infrastructure) ,therefore it was needless for the court to utilise its extraordinary powers under Section 482 of CrPC to quash the complaint at the threshold, more particularly, when there is a past incident of Section 302 connected therewith.”
Hence, the court dismissed the application to quash the FIR.