ZARINA BEGUM Vs. STATE

JUDGEMENT

(1.) PETITIONERS have filed this petition seeking quashing of FIR No. 310/ 2006 registered at Police Station Rajouri under Section 498-A/109, R. P. C. on the ground that on an earlier occasion also FIR no. 442/2005 registered under Section 498-A, r. P. C. had not been found by the police to have been substantiated.

(2.) LEARNED counsel for the petitioners submits that in view of the failure of earlier fir, registration of FIR No. 310/2000 and resultant production of final police report under Section 173 of the Code of Criminal procedure in this regard was an abuse of the process of law and the proceedings in the challan were, therefore, required to be quashed.

(3.) IT is settled law that inherent jurisdiction of the Court saved by Section 561 -A of the Code of Criminal Procedure needs to be exercised sparingly, carefully and with caution and only when such exercise was required to be exercised ex debitio justitiae to do real and substantial justice. Authority of the Court exists for advancement of justice and if any attempt was made to abuse that authority so as to produce injustice, the High court would step in to prevent the abuse of process of Court. In nut shell, exercise of inherent power would be justified to quash any proceeding if it was found that initiation/continuance of it amounts to abuse of the process of Court.