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PRASHANT BHARTI vs. STATE OF NCT OF DELHI

SCR Citation: [2013] 1 S.C.R. 504
Year/Volume: 2013/ Volume 1
Date of Judgment: 23 January 2013
Petitioner: Prashant Bharti
Disposal Nature: Appeal Disposed Off
Netural Citation: 2013 INSC 51
Judgment Delivered by: Hon'ble Mr. Justice Jagdish Singh Khehar
Respondent: State Of Nct Of Delhi
Case Type: CRIMINAL APPEAL /175/2013
Order/Judgment: Judgment
1. Headnote

CODE OF CRIMINAL PROCEDURE, 1973: s. 482 read with s.401 - Quashing of criminal proceedings - Allegations levelled by prosecutrix against accused for commission offences punishable u/ss 328, 354 and 376 on false promise of marriage - Charge-sheet filed - Charges framed - Held: In the charge sheet, Investigating Officer acknowledged that he could not find any proof to D substantiate the charges - Charge-sheet was filed only on the basis of statement of prosecutrix u/s 164 - Further, in view of scientific investigation as revealed by mobile phones of prosecuTrix and accused, commission of offence as alleged by prosecutrix cannot be established in trial - Therefore, E judicial conscience of High Court ought to have persuaded it, on the basis of the material available before if to quash criminal proceedings initiated against appellant, in exercise of inherent powers vested with it u/s 482 - Accordingly, FIR, consequential charge-sheet as also charges framed by trial F court are quashed - Penal Code, 1860 - ss.328, 354 and 376.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Indian Penal Code (45 of 1860)
4. Keyword
  • Quashing
  • Charge-sheet