Vinod Verma vs State Of Hp & Ors on 17 July, 2026

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    Himachal Pradesh High Court

    Vinod Verma vs State Of Hp & Ors on 17 July, 2026

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                                                                                     2026:HHC:29330
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. MMO No. 607 of 2026
                                                  Reserved on: 8.7.2026
    
    
    
    
                                                                                       .
    
                                                  Date of Decision: 17.7.2026.
    
    
    
    
    
        Vinod Verma                                                         .... Petitioner
                                         Versus
        State of HP & ors.                                                  .... Respondents
    
    
    
    
                                                         of
        Coram
                               rt
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1                   No.
    
        For the Petitioner                          :      Mr N.K. Bhalla, Advocate.
        For Respondent No.1/State                   :      Mr Ajit Sharma,                   Deputy
                                                           Advocate General.
    
    
    
        For Respondent No.2                         :      Nemo.
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition to quash

    the charge sheet/final report filed under Section 173 of the Code

    SPONSORED

    of Criminal Procedure (Cr.PC) corresponding to Section 193 of

    Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) in FIR No. 105 of

    2022, dated 30.04.2022, registered at Police Station, West

    Shimla, District Shimla, H.P., for the commission of offences

    punishable under Sections 323, 447, 504, and 506 read with

    Section 34 of the Indian Penal Code (IPC). (The parties shall
    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    hereinafter be referred to in the same manner as they were arrayed

    before the learned Trial Court for convenience).

    .

    2. Briefly stated, the facts giving rise to the present

    petition are that the informant Vikas Thakur was getting his

    house repaired on 29.04.2022. Vinod Verma (present petitioner)

    and Tarun Verma went to the informant’s courtyard at about

    of
    9-10 p.m. and started abusing the labourers. The informant

    intervened, and the accused threatened to kill him. The accused
    rt
    also gave beatings to the informant. They caught hold of Rati

    Ram Verma and tried to strangulate him. The matter was

    reported to the police. The police registered the FIR and

    investigated the matter. Vikas Thakur was medically examined.

    The statements of witnesses were recorded as per their version,

    and after the completion of the investigation, a challan was

    prepared and presented before the learned Trial Court.

    3. Learned Trial Court found sufficient reasons to

    summon the accused. When the accused appeared before the

    Court, they were charged with a commission of offences

    punishable under Sections 447, 323, 504 and 506 read with

    Section 34 of the IPC, to which they pleaded not guilty and

    claimed to be tried.

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    4. Being aggrieved by the filing of the charge sheet and

    framing of the charges, the petitioner/accused Vinod Verma has

    .

    filed the present petition, asserting that the FIR was registered

    for the commission of non-cognizable offences under Sections

    323, 504, 506 and 34 of the IPC. The police subsequently

    introduced Section 447 of the IPC to make the offences

    of
    cognizable. The statements of witnesses contradicted each other.

    The incident occurred in the informant’s courtyard existing on
    rt
    Khasra No. 512, which is an Abadi Deh and jointly owned by the

    parties. Therefore, the provisions of Section 447 of the IPC would

    not apply. The informant had attacked the accused and his family

    members. The accused and his family members had also

    sustained injuries. Learned Trial Court had no material to frame

    the charges and erred in framing the charges against the accused.

    Therefore, it was prayed that the present petition be allowed and

    the order passed by the learned Trial Court be set aside.

    5. Mr N.K. Bhalla, learned counsel for the petitioner,

    submitted that the police had initially registered the FIR for the

    commission of offences punishable under Sections 323, 504 and

    506 read with Section 34 of the IPC. All these offences are non-

    cognizable. The police subsequently introduced Section 447 to

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    make the offences cognizable. The incident had occurred in the

    informant’s courtyard located over Abadi Deh, which is jointly

    .

    owned. There cannot be any trespass on joint land. The

    statements of the witnesses contradicted each other on material

    particulars, and the prosecution’s case is doubtful. No fruitful

    purpose would be served by continuing with the prosecution.

    of
    Therefore, he prayed that the present petition be allowed and the

    FIR and consequential proceedings pending before the learned
    rt
    Trial Court be quashed.

    6. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    7. The law relating to quashing of criminal cases was

    explained by the Hon’ble Supreme Court in B.N. John v. State of

    U.P., 2025 SCC OnLine SC 7 as under: –

    “7. As far as the quashing of criminal cases is concerned, it
    is now more or less well settled as regards the principles to
    be applied by the court. In this regard, one may refer to the
    decision of this Court in State of Haryana v. Ch. Bhajan Lal,
    1992 Supp (1) SCC 335, wherein this Court has summarised
    some of the principles under which
    FIR/complaints/criminal cases could be quashed in the
    following words:

    “102. In the backdrop of the interpretation of the
    various relevant provisions of the Code under Chapter
    XIV and of the principles of law enunciated by this

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    Court in a series of decisions relating to the exercise of
    the extraordinary power under Article 226 or the
    inherent powers under Section 482 of the Code which
    we have extracted and reproduced above, we give the

    .

    following categories of cases by way of illustration
    wherein such power could be exercised either to
    prevent abuse of the process of any court or otherwise

    to secure the ends of justice, though it may not be
    possible to lay down any precise, clearly defined and
    sufficiently channelised and inflexible guidelines or

    of
    rigid formulae and to give an exhaustive list of myriad
    kinds of cases wherein such power should be exercised.

    (1) Where the allegations made in the first
    information report or the complaint, even if they are
    rt 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.

    (2) Where the allegations in the first information
    report and other materials, if any, accompanying

    the FIR do not disclose a cognizable offence,
    justifying an investigation by police officers
    under Section 156(1) of the Code except under an

    order of a Magistrate within the purview of
    Section 155(2) of the Code.

    (3) Where the uncontroverted allegations made
    in the FIR or complaint and the evidence
    collected in support of the same do not disclose

    the commission of any offence and make out a
    case against the accused.

    (4) Where the allegations in the FIR do not
    constitute a cognizable offence but constitute only a
    non-cognizable offence, no investigation is
    permitted by a police officer without an order of a
    Magistrate as contemplated under Section 155(2) of
    the Code.

    (5) Where the allegations made in the FIR or
    complaint are so absurd and inherently

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    improbable based on which no prudent person
    can ever reach a just conclusion that there is
    sufficient ground for proceeding against the
    accused.

    .

    (6) Where there is an express legal bar engrafted in
    any of the provisions of the Code or the concerned
    Act (under which a criminal proceeding is instituted)

    to the institution and continuance of the
    proceedings, and/or where there is a specific
    provision in the Code or the concerned Act, providing

    of
    efficacious redress for the grievance of the aggrieved
    party.

    rt (7) Where a criminal proceeding is manifestly
    attended with mala fide and/or where the
    proceeding is maliciously instituted with an
    ulterior motive for wreaking vengeance on the

    accused and with a view to spite him due to a
    private and personal grudge.” (emphasis added)

    8. Of the aforesaid criteria, clause no. (1), (4) and (6)

    would be of relevance to us in this case.
    In clause (1), it has been mentioned that where the
    allegations made in the first information report or the

    complaint, even if they are 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, then
    the FIR or the complaint can be quashed.

    As per clause (4), where the allegations in the FIR do not
    constitute a cognizable offence but constitute only a non-
    cognizable offence, no investigation is permitted by a
    police officer without an order dated by the Magistrate as
    contemplated under Section 155 (2) of the CrPC, and in
    such a situation, the FIR can be quashed.
    Similarly, as provided under clause (6), if there is an
    express legal bar engrafted in any of the provisions of the
    CrPC or the concerned Act under which the criminal
    proceedings are instituted, such proceedings can be
    quashed.”

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    8. This position was reiterated in Ajay Malik v. State of

    Uttarakhand, 2025 SCC OnLine SC 185, wherein it was observed:

    .

    “8. It is well established that a High Court, in exercising
    its extraordinary powers under Section 482 of the CrPC,
    may issue orders to prevent the abuse of court processes

    or to secure the ends of justice. These inherent powers are
    neither controlled nor limited by any other statutory
    provision. However, given the broad and profound nature

    of
    of this authority, the High Court must exercise it
    sparingly. The conditions for invoking such powers are
    embedded within Section 482 of the CrPC itself, allowing
    the High Court to act only in cases of clear abuse of
    rt
    process or where intervention is essential to uphold the
    ends of justice.

    9. It is in this backdrop that this Court, over the course of
    several decades, has laid down the principles and
    guidelines that High Courts must follow before quashing
    criminal proceedings at the threshold, thereby pre-

    empting the Prosecution from building its case before the
    Trial Court. The grounds for quashing, inter alia,
    contemplate the following situations : (i) the criminal

    complaint has been filed with mala fides; (ii) the FIR

    represents an abuse of the legal process; (iii) no prima facie
    offence is made out; (iv) the dispute is civil in nature; (v.)
    the complaint contains vague and omnibus allegations;

    and (vi) the parties are willing to settle and compound the
    dispute amicably (State of Haryana v. Bhajan Lal, 1992 Supp
    (1) SCC 335).

    9. A similar view was taken in Rajendra Bihari Lal v. State

    of U.P., 2025 SCC OnLine SC 2265, wherein it was observed:

    “70. The aforesaid decisions of this Court make it clear
    that where the High Court is satisfied that the process of
    any court is being abused or likely to be abused or that the
    ends of justice would not be secured, it is not only

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    empowered but also obligated under the law to exercise its
    inherent powers. The provision does not confer any new
    power on the High Court but rather saves the power which
    the High Court already possesses, from before the

    .

    enactment of the legislation, by reason of its very
    existence. In exercise of its power, it would be legitimate
    for the High Court to quash any criminal proceedings if the

    High Court finds that the initiation or continuation of it
    may lead to abuse of process of court, and quashing of the
    proceedings would serve the ends of justice.”

    of

    10. The present petition is to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    11.
    rt
    It is undisputed that the learned Trial Court had

    framed the charges against the petitioner on 30.05.2025. An

    order framing charges is revisable and the period of limitation

    for filing the revision has expired. The Petitioner has also sought

    the quashing of the charges, but when it was enquired how a

    petition for quashing the charges would be maintainable when

    an alternative remedy of revision has become barred by

    limitation, learned counsel for the petitioner opted not to press

    the relief for questioning the charges, which means that the

    order framing charges has attained finality.

    12. It was laid down by the Hon’ble Supreme Court in

    Minakshi Bala v. Sudhir Kumar, (1994) 4 SCC 142: 1994 SCC (Cri)

    1181 that once the Competent Court has framed the charges, the

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    person aggrieved may invoke the revisional jurisdiction, and the

    High Court should not exercise its inherent jurisdiction under

    .

    Section 482 of Cr.P.C., except in rare cases. It was observed on

    page 145: –

    “7. If charges are framed in accordance with Section 240
    CrPC on a finding that a prima facie case has been made

    of
    out — as has been done in the instant case — the person
    arraigned may, if he feels aggrieved, invoke the revisional
    jurisdiction of the High Court or the Sessions Judge to
    contend that the charge-sheet submitted under Section
    rt
    173 CrPC and documents sent with it did not disclose any
    ground to presume that he had committed any offence for

    which he is charged and the revisional court if so satisfied
    can quash the charges framed against him. To put it
    differently, once charges are framed under Section 240 CrPC,
    the High Court in its revisional jurisdiction would not be

    justified in relying upon documents other than those referred
    to in Sections 239 and 240 CrPC; nor would it be justified in
    invoking its inherent jurisdiction under Section 482 CrPC to

    quash the same except in those rare cases where forensic
    exigencies and formidable compulsions justify such a course.

    We hasten to add, even in such exceptional cases, the High
    Court can look into only those documents which are
    unimpeachable and can be legally translated into relevant

    evidence.” (Emphasis supplied)

    13. This Court also held in Reena Devi vs State of H.P.

    (2019) 3 Sml.LC 1773 that a petition for quashing the F.I.R. cannot

    be filed after the charges have been framed or notice of

    accusation has been put. It was observed:

    “9. Before arriving at any conclusion to ascertain the
    appropriate remedy for an accused, against whom a notice

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    of accusation has been issued, or the charge has been
    framed, and who wants to challenge the same, the tour of
    the following stages will give the required exposure.

    .

    Stage-1 The most prominent and the earliest

    provision, which ignites the engine of criminal law
    and brings it into motion, is the registration of FIR,
    under Section 154 of the CrPC. Needless to say, this

    provision confines itself to cognizable offences. After
    the investigation, if in the opinion of the Station
    House Officer, a case for the prosecution is made out,

    of
    then he files a report under Section 173 of the CrPC.
    Any person arraigned as an accused in such an FIR can
    seek its quashing from the High Court having
    jurisdiction, by filing a petition under section 482
    rt
    CrPC.

    Stage-2 Section 190 of the CrPC, envisages three

    situations, upon which the Magistrate can take
    cognizance of offence, namely, (a) Upon receiving a
    complaint of facts which constitutes such offence; (b)

    Upon a Police Report of such facts; (c) Upon
    information received from any person other than a
    Police Officer or upon his own knowledge that such an

    offence has been committed. Exercising powers under
    Section 204 of CrPC, the Magistrate taking cognisance

    of offences, may proceed against an accused, if he
    believes in the existence of sufficient grounds for
    proceeding. Any person who has been arraigned as an

    accused and is aggrieved either by registration of FIR,
    filing of charge-sheet, taking cognisance, or issuance
    of the process can seek adjudication under Section
    482
    of the CrPC. Order taking cognisance can also be
    challenged by filing a revision petition in the Sessions
    Court or High Court. There will be a situation where,
    after the filing of the petition for quashing of FIR, in
    the meantime, the charge-sheet is filed; the law is no
    more res Integra that in all those cases, FIR and all
    consequential proceedings can be quashed. An
    accused cannot approach a Sessions Court till this

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    stage because the only available statutory remedy is
    by invoking the inherent powers of the High Court
    under Section 482 of the CrPC.

    .

    Stage-3 The next stage in criminal proceedings is

    similar to the transformation of a caterpillar
    emerging as a butterfly, and it begins on the framing
    of charges under Sections 211 and 228 of the CrPC or

    on the issuance of notice of accusation under Section
    251
    of the CrPC. If not challenged, it shall culminate
    under section 229, 241 or 248 of the CrPC only by a

    of
    judgment of acquittal or conviction. Once charges
    stand framed or the notice of accusation stands
    issued, as the case may be, then the appropriate
    remedy to challenge the same is only by filing a
    rt
    Criminal Revision Petition in the Court where it lies
    and not by filing a petition under section 482 CrPC.

    Stage 4: The next stage is post-conviction or
    acquittal. A judgment of conviction can only be
    challenged under Chapter-29 of the CrPC (Sections

    372 to 394). During the pendency of such an appeal,
    the parties may file an application for compounding
    of the offences, but such applications in appeal would

    be within and not without. A convict cannot bypass
    Chapter 29 and, instead of filing a statutory appeal

    before the First Appellate Court, cannot straightaway
    resort to Sections 397, 401 and 482 of the CrPC.
    Stage-5 The next stage is challenging the dismissal of

    the appeals of the convicts, and that can be done by
    approaching the Courts under its Revisionary
    Jurisdiction, under sections 397-401 CrPC. During the
    pendency of such Revision Petitions, if parties
    compound the offences, then the process is similar to
    that in the appeals.

    10. The other stages, if any, would also tread a similar
    path and cross similar obstacles.

    11. The above survey leads to an irresistible conclusion
    that once charges have been framed, then the remedy is

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    not to file a petition under Section 482 of the CrPC but to
    invoke the revisionary jurisdiction under Section 397 &
    401 CrPC. However, in the present petition, what is
    sought to be quashed is the FIR and all consequential

    .

    proceedings, based upon the out-of-court compromise
    entered between the victim and the accused, and the
    challenge is not on the merits of charges or accusations.”

    14. A similar view was taken in Ramesh Kumar vs. State of

    H.P. 2025 SCC Online HP 6561, wherein it was observed:

    of

    13. Note submitted by the petitioner mentions that out of
    forty witnesses, seventeen witnesses have been
    examined. The charge-sheet was filed on 22.12.2023, and
    rt
    the supplementary charge-sheet was filed on 30.08.2024.

    There is nothing in the petition as to why the petitioner

    has approached this Court after the lapse of two years
    from the date of filing of the charge-sheet. The petition is
    also silent as to why the order of framing charge was not
    challenged by the petitioner and why the prosecution was

    permitted to examine the prosecution’s witnesses. The
    jurisdiction to quash the F.I.R. is extraordinary and
    should be exercised sparingly. It was laid down by the

    Delhi High Court in Sanyam Bhushan v. State (NCT of

    Delhi), 2024 SCC OnLine Del 4545, that the Court should
    not entertain the belated petitions for quashing the FIR.
    It was observed:

    “43. At the outset, I find merit in the submission
    made by the learned counsel for the Complainant
    that the present set of petitions is liable to be
    dismissed on the ground of delay and laches, as also
    for the failure of the petitioners to avail of their
    alternate efficacious remedy in the form of Revision
    Petitions under Section 397 of the Cr. P.C.

    44. It need not be emphasised that powers under
    Section 482 of the Cr. P.C.s are discretionary in
    nature, and though there may not be a total ban on
    the exercise of such power where the situation so

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    warrants, at the same time, there are limitations of
    self-restraint that are recognised and followed by
    the Courts in exercising this jurisdiction. One such
    limitation is where the petitioner had an alternate

    .

    efficacious remedy; however, they did not avail of
    the same within the period of limitation and
    thereafter filed the petition under Section 482 of the

    Cr. P.C. to overcome the objection of limitation.
    Similarly, the Courts have refused to entertain a
    petition under Section 482 of the Cr. P.C., where it is

    of
    filed with unexplained delay and laches and in the
    meantime, the trial has proceeded.”

    14. In the present case, the petitioner has a remedy of
    challenging the order framing charge, but he did not do
    rt
    so within the limitation. He filed the present petition to
    circumvent the period of limitation prescribed for

    challenging the order of framing the charges.

    15. It was laid down in Minakshi Bala v. Sudhir Kumar,
    (1994) 4 SCC 142: 1994 SCC (Cri) 1181 that once the

    Competent Court has framed the charges, the aggrieved
    person may invoke the revisional jurisdiction, and the
    High Court should not exercise its inherent jurisdiction

    under Section 482 of Cr. P.C., except in rare cases. It was
    observed on page 145: —

    “7. If charges are framed in accordance with Section
    240
    CrPC on a finding that a prima facie case has been
    made out — as has been done in the instant case —

    the person arraigned may, if he feels aggrieved,
    invoke the revisional jurisdiction of the High Court or
    the Sessions Judge to contend that the charge-sheet
    submitted under Section 173 CrPC and documents
    sent with it did not disclose any ground to presume
    that he had committed any offence for which he is
    charged and the revisional court if so satisfied can
    quash the charges framed against him. To put it
    differently, once charges are framed under Section 240
    CrPC, the High Court in its revisional jurisdiction would
    not be justified in relying upon documents other than

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    those referred to in Sections 239 and 240 CrPC; nor would
    it be justified in invoking its inherent jurisdiction under
    Section 482 CrPC to quash the same except in those rare
    cases where forensic exigencies and formidable

    .

    compulsions justify such a course. We hasten to add
    even in such exceptional cases, the High Court can
    look into only those documents which are

    unimpeachable and can be legally translated into
    relevant evidence.” (Emphasis supplied)

    16. In the present case, the trial has sufficiently

    of
    progressed. Statements of seventeen witnesses have
    been recorded. Since the petitioner has approached
    this Court belatedly, this Court declines to exercise
    rt
    the inherent jurisdiction and relegates the petitioner
    to avail the remedies in the ongoing trial. It is not

    necessary to discuss the judgments cited at Bar and
    to comment whether the F.I.R. and subsequent
    proceedings disclose the commission of an offence
    or not.

    15. Therefore, the charges cannot be quashed by taking

    recourse to the inherent jurisdiction.

    16. It was submitted that the offences punishable under

    Sections 323, 504 and 506 read with Section 34 of the IPC are

    non-cognizable, and the police introduced Section 447 of the IPC

    subsequently to make the offences cognizable. This submission

    cannot be accepted. The State of Himachal Pradesh has amended

    the Code of Criminal Procedure and made the offence punishable

    under Section 506 of the IPC cognizable and non-bailable. This

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    position was recognised by this Court in the State of H.P. Vs. Brij

    Lal and others 2011 HHC 10063, wherein it was observed: –

    .

    7. On behalf of the petitioners, it has been submitted that

    as per the notification dated 9.3.1978, Section 506 IPC is
    cognizable within the territory of Himachal Pradesh. The
    notification dated 9.3.1978 is as follows: –

    “No.Home (C) F (8)1/77 – In exercise of powers
    vested in him under Section 10 of the Criminal Law

    of
    Amendment Act, 1932, the Governor, Himachal
    Pradesh, is pleased to declare offences under Section
    506
    of the Indian Penal Code committed within the
    rt
    territory of Himachal Pradesh as cognizable.”

    The notification dated 6.9.1980 issued by the State of
    Himachal Pradesh is clear to the effect that Section 506

    IPC within the territorial limits of the State of Himachal
    Pradesh shall be non-bailable. The notification dated
    6.9.1980 is as follows:

    “No. Home-II (E)5-10/80. – In exercise of the
    powers vested in him, under sub-section (2) of
    section 10 of the Criminal Law Amendment Act, 1932

    (Act No. 23 of 1932) and all other powers enabling
    him in this behalf, the Governor of Himachal

    Pradesh is pleased to declare that when any offence
    which is punishable under section 506 of the Indian
    Penal Code, 1860 (45 of 1860), is committed within

    the territorial limits of the State of Himachal
    Pradesh shall be non-bailable.”

    17. Thus, the submission that the offences were non-

    cognizable cannot be accepted.

    18. It was submitted that there are contradictions in the

    FIR and the charge sheet. The witnesses improved upon their

    versions, and their testimonies cannot be relied upon. This

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    submission will not help the accused. It was laid down by the

    Hon’ble Supreme Court in Muskan v. Ishaan Khan (Sataniya), 2025

    .

    SCC OnLine SC 2355, that the High Court cannot quash the F.I.R.

    based on the improvements made in the statements. It was

    observed: –

    “17. The main issue that arises for our analysis is whether

    of
    the High Court was right in quashing the criminal
    proceedings against the private respondents primarily on
    the ground that the earlier complaints did not mention the
    rt
    two specific incidents dated 22.07.2021 and 27.11.2022,
    which were later on added in the FIR and whether the
    same would not amount to conducting a ‘mini trial’ which

    is clearly prohibited under the scheme of Section 482 of
    the Cr. P.C.
    xxxx

    19. From a bare perusal of the above-mentioned
    paragraphs, it can be seen that one of the important
    factors that weighed in while allowing the quashing

    application of the private respondents was that in the

    earlier complaints filed by the appellant, there was no
    mention of the events of harassment that happened on
    22.07.2021 and 27.11.2022, which were later added in the

    FIR dated 28.01.2024.

    Xxxx

    27. We are of the view that the High Court has erred in law
    by embarking upon an enquiry with regard to the
    credibility or otherwise of the allegations in the
    complaints and the FIR. Normally, for quashing an FIR, it
    must be shown that there exists no prima facie case
    against the accused persons. In the present case, from the
    conjoint reading of the complaints and the FIR, it can be
    seen that prime facie allegations of harassment and
    demand of dowry are made out, despite that the High

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    Court quashed the FIR against the private respondents
    primarily on the ground that the earlier two complaints
    that were filed by the appellant did not mention the
    specific instances that happened on 22.07.2021 and

    .

    27.11.2022 and the same were later on mentioned in the
    FIR only as an afterthought and was a counterblast to the
    legal notice sent by respondent no. 1/husband to the

    appellant, as she was not coming back to her matrimonial
    home. This approach adopted by the High Court, in our
    considered opinion, amounts to conducting a mini-trial.

    of

    19. Therefore, the FIR cannot be quashed simply because

    of some contradictions. It is for the learned Trial Court to
    rt
    evaluate the evidence after the trial and not this Court while

    exercising the inherent jurisdiction.

    20. It was submitted that the land is located in Abadi Deh,

    which is jointly owned by the parties, and a joint owner cannot

    commit a trespass onto the land of another joint owner. This

    submission will also not help the petitioner. The offence of

    trespass is committed against the possession and has nothing to

    do with the ownership. It was held more than 100 years ago in

    Emperor v. Gopalrao Venkatesh, 1908 SCC OnLine Bom 65: (1908) 7

    Cri LJ 309 that a joint owner may be entitled to the possession of

    the joint land, but if he takes law into his hands, he is liable for

    trespass. It was observed on page 310:

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    2026:HHC:29330

    2….It may be that accused No. 5 has an interest in the
    property as a joint owner and that he is entitled to
    possession.

    .

    3. And it may be contended on the authority of Leigh v. Jack

    ([(1879) 49 L.J.Q.B. 220.]), that he is entitled to have that
    possession restored to him in a Civil Court. Nevertheless, a
    person with a right is not justified in taking the law into

    his own hands, and if he does, he becomes liable for
    criminal trespass….

    21. Allahabad High Court also took the same view in

    of
    Emperor v. Ram Prasad, 1911 SCC OnLine All 141: ILR (1911) 33 All

    773 and observed at page 773:

    rt
    “…The argument before us has taken the line that Ram

    Prasad, the petitioner (and Bhagwan Das, his servant),
    being a joint owner in this grove, had not even, on the
    facts proved, committed any trespass on the land in
    question. We have heard all that the learned Counsel could

    urge on behalf of the petitioners. No precedent was cited
    to us in support of the contention that a person who enters
    upon land belonging to himself with the intention of doing

    a wrongful act to a joint owner does not commit trespass.

    We know of no authority that carries the case so far as
    this. It appears to us that a joint owner of land who enters
    upon the land with the intention or knowledge that he was

    about to do an act which was wrongful to his fellow-
    owners, does commit trespass….”

    22. It was laid down by the Kerala High Court in Anil

    Kumar vs State of Kerala Cr. Appeal no. 1129 of 2018 decided on

    15.03.2024 that possession and not ownership is relevant under

    Section 441 of IPC, and the property entered into by the offender

    must be in possession of another. The informant has specifically

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    2026:HHC:29330

    stated that the accused trespassed into the courtyard of his

    house, clearly showing that he was in exclusive possession of the

    .

    house as he had constructed a structure over a portion of Abadi

    Deh. Therefore, no advantage can be derived from the fact that

    the land is jointly owned by the parties.

    23. It was submitted that the allegations in the FIR are

    of
    false and no such incident had taken place. This submission will

    not help the petitioner. It was held in Punit Beriwala v. State (NCT
    rt
    of Delhi), 2025 SCC OnLine SC 983, that the Court exercising

    jurisdiction under Section 482 of CrPC has to treat the allegations

    in the complaint as correct. It was observed:

    “29. It is settled law that the power of quashing of a
    complaint/FIR should be exercised sparingly with

    circumspection, and while exercising this power, the
    Court must believe the averments and allegations in the

    complaint to be true and correct. It has been repeatedly
    held that, save in exceptional cases where non-

    interference would result in a miscarriage of justice, the
    Court and the judicial process should not interfere at the
    stage of investigation of offences. Extraordinary and
    inherent powers of the Court should not be used routinely
    according to its whims or caprice.”

    24. It was laid down in Maneesha Yadav v. State of U.P.,

    2024 SCC OnLine SC 643, that the Court exercising inherent

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    20
    2026:HHC:29330

    jurisdiction to quash the FIR cannot go into the truthfulness or

    otherwise of the allegations. It was observed: –

    .

    “13. As has already been observed hereinabove, the Court
    would not be justified in embarking upon an enquiry as to
    the reliability or genuineness or otherwise of the

    allegations made in the FIR or the complaint at the stage of
    quashing of the proceedings under Section 482 Cr. P.C.
    However, the allegations made in the FIR/complaint, if

    of
    taken at their face value, must disclose the commission of
    an offence and make out a case against the accused. At the
    cost of repetition, in the present case, the allegations made
    in the FIR/complaint, even if taken at their face value, do
    rt
    not disclose the commission of an offence or make out a
    case against the accused. We are of the considered view

    that the present case would fall under Category-3 of the
    categories enumerated by this Court in the case of Bhajan
    Lal
    (supra).

    14. We may gainfully refer to the observations of this Court

    in the case of Anand Kumar Mohatta v. State (NCT of Delhi),
    Department of Home
    (2019) 11 SCC 706: 2018 INSC 1060:

    “14. First, we would like to deal with the submission
    of the learned Senior Counsel for Respondent 2 that

    once the charge sheet is filed, the petition for
    quashing of the FIR is untenable. We do not see any
    merit in this submission, keeping in mind the

    position of this Court in Joseph Salvaraj A. v. State of
    Gujarat [Joseph Salvaraj A.
    v. State of Gujarat, (2011) 7
    SCC 59: (2011) 3 SCC (Cri) 23]. In Joseph Salvaraj A.
    [Joseph Salvaraj A. v. State of Gujarat
    , (2011) 7 SCC 59:
    (2011) 3 SCC (Cri) 23], this Court while deciding the
    question of whether the High Court could entertain
    the Section 482 petition for quashing of FIR when
    the charge-sheet was filed by the police during the
    pendency of the Section 482 petition, observed: (SCC
    p. 63, para 16)

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    2026:HHC:29330

    “16. Thus, the general conspectus of the
    various sections under which the appellant is
    being charged and is to be prosecuted would
    show that the same is not made out even prima

    .

    facie from the complainant’s FIR. Even if the
    charge sheet had been filed, the learned Single
    Judge [Joesph Saivaraj A. v. State of Gujarat, 2007

    SCC OnLine Guj 365] could have still examined
    whether the offences alleged to have been
    committed by the appellant were prima facie

    of
    made out from the complainant’s FIR, charge-
    sheet, documents, etc. or not.”

    25. It was laid down by the Hon’ble Supreme Court in
    rt
    Dharambeer Kumar Singh v. State of Jharkhand, (2025) 1 SCC 392:

    2024 SCC OnLine SC 1894 that the Court cannot conduct a mini-

    trial while exercising jurisdiction under section 482 of CrPC. It

    was observed on page 397:

    “17. This Court, in a series of judgments, has held that

    while exercising inherent jurisdiction under Section 482
    of the Criminal Procedure Code, 1973, the High Court is

    not supposed to hold a mini-trial. A profitable reference
    can be made to the judgment in CBI v. Aryan Singh [CBI v.
    Aryan Singh, (2023) 18 SCC 399: 2023 SCC OnLine SC 379].

    The relevant paragraph from the judgment is extracted
    hereunder: (SCC paras 6-7)

    6. … As per the cardinal principle of law, at the stage of
    discharge and/or quashing of the criminal proceedings,
    while exercising the powers under Section 482CrPC,
    the Court is not required to conduct the mini-trial. …

    7. … At the stage of discharge and/or while exercising
    the powers under Section 482CrPC, the Court has very
    limited jurisdiction and is required to consider
    ‘whether any sufficient material is available to proceed

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    2026:HHC:29330

    further against the accused for which the accused is
    required to be tried or not’.”

    26. This position was reiterated in Muskan v. Ishaan Khan

    .

    (Sataniya), 2025 SCC OnLine SC 2355, wherein it was observed: –

    22. On the aspect of the powers of the Courts under

    Section 482 of the Cr. P.C., it is settled that at the stage of
    quashing, the Court is not required to conduct a mini-trial.

    Thus, the jurisdiction under Section 482 of the Cr. P.C.

    of
    with respect to quashing is somewhat limited as the Court
    has to only consider whether any sufficient material is
    available to proceed against the accused or not. If
    sufficient material is available, the power under Section
    rt
    482 should not be exercised.

    Xxxx

    27. We are of the view that the High Court has erred in law
    by embarking upon an enquiry with regard to the
    credibility or otherwise of the allegations in the

    complaints and the FIR. Normally, for quashing an FIR, it
    must be shown that there exists no prima facie case
    against the accused persons…”

    27. It was held in C.S. Prasad v. C. Satyakumar, 2026 SCC

    OnLine SC 50 that the Court exercising inherent jurisdiction

    cannot go into the genuineness of the allegations or the

    reliability, sufficiency or the acceptability of the evidence. It was

    observed:

    “24. On these lines, it is clear that even though the powers
    under Section 482 of the Cr.P.C. are very wide, their
    conferment requires the High Courts to be more cautious
    and diligent. While examining any FIR, the High Court,
    exercising its power under this provision, cannot embark
    upon the genuineness of the allegations made. The High

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    2026:HHC:29330

    Court must only consider whether there exists any
    sufficient material to proceed against the accused or not,
    and must not be concerned with the reliability,
    sufficiency, or acceptability of the evidence.”

    .

    28. Therefore, it is impermissible for this Court to

    conduct a mini-trial to determine whether the allegations in the

    FIR are correct or not.

    of

    29. It is undisputed that the charge sheet has been filed

    before the Court. The Court has also framed the charges against
    rt
    the accused. Thus, the learned Trial Court is seized of the matter.

    It was laid down by the Hon’ble Supreme Court in Iqbal v. State of

    U.P., (2023) 8 SCC 734: 2023 SCC OnLine SC 949 that when the

    charge sheet has been filed, the learned Trial Court should be left

    to appreciate the same. It was observed:

    “At the same time, we also take notice of the fact that the

    investigation has been completed and the charge sheet is
    ready to be filed. Although the allegations levelled in the
    FIR do not inspire any confidence, particularly in the

    absence of any specific date, time, etc. of the alleged
    offences, we are of the view that the appellants should
    prefer a discharge application before the trial court under
    Section 227 of the Code of Criminal Procedure (CrPC). We
    say so because even according to the State, the
    investigation is over and the charge sheet is ready to be
    filed before the competent court. In such circumstances,
    the trial court should be allowed to look into the
    materials which the investigating officer might have
    collected forming part of the charge sheet….”

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    2026:HHC:29330

    30. Therefore, the present petition cannot be allowed on

    this consideration as well.

    .

    31. No other point was urged.

    32. In view of the above, the present petition fails, and it

    is dismissed.

    of

    33. The observations made hereinabove are regarding the

    disposal of this petition and will have no bearing whatsoever on

    the case’s merits.

    rt

    (Rakesh Kainthla)
    Judge
    17th July, 2026
    (Chander)

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