Inherent powers of High Court can be invoked if FIR lodged on the same grounds repeatedly

Delhi High Court: In the order passed by Indermeet Kaur, J., quashed the FIR i.e. FIR No. 0282/2016 registered under Sections 376/366/315/344 of the IPC, 1860 at Sonia Vihar Police Station.

The FIR was quashed on the submission that the FIR registered on 11.08.2016 contained same allegations which were the subject-matter of an earlier FIR i.e. FIR No. 0094/2016 registered at Salon District Police Station, Raebareli under Sections 376/315 of the IPC, which had earlier been quashed on merits by the Bench of Allahabad High Court on 04.07.2016 in Misc. Bench No. 8950 of 2016, as the investigation did not reveal commission of any offence, whereby the Court concluded that the subject-matter of both the FIRs are same, with the only difference being jurisdiction.

Furthermore, the Court held that it is a perfect case where High Court can exercise its inherent powers under Section 482 of CrPC, 1973 and that the entire scenario is nothing but an abuse of the process of court. Accordingly FIR No.0280/2016 stands quashed. [Anup Kumar v. State, 2018 SCC OnLine Del 7069 , decided on 29.01.2018]

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    Ref: Anup Kumar v. State, W.P. (CRL) 284/2016, decided on 29.01.2018

    Nowhere in the DHC website order is available. I don’t know from where you have read it and post it. If there is any judgment like this so can you please send me the order/judgment.

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