GAURISHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482, Cr.PC for quashing the FIR registered in connection with Crime No. 6/09 at Police Station, Jigna, District Datia.

(2.) AS per petition, respondent No. 2 complainant Dayal has lodged FIR against the petitioners alleging that on 22-2-09 complainant was returning to his home. In the way, present petitioners restrained him and abused him called him Chamrawale and thereafter started beating him and threatened him to kill. Wife of complainant reached on spot and tried to rescue complainant, then petitioners also assaulted her. On this report lodged by complainant vide Crime No. 6/09, offence punishable under Sections 323,294,506-B, 341/34, IPC and Section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act was registered against the present petitioners and in that crime police is trying to arrest present petitioners.

(3.) IN the case of INder Mohan Goswami and another Vs. State of Uttaranchal and others, AIR 2008 SC 251, the Hon'ble Apex Court has examined the scope and ambit of Section 482 of Cr.PC. It has been observed by the Apex Court that inherent powers under Section 482 should be exercised for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the Court, then the Court would be fully justified in preventing injustice by invoking inherent powers of the Court.