As per case facts, petitioners Jagmahendra and Ashu filed a petition to quash an FIR alleging rape, wrongful confinement, and criminal intimidation. The complainant accused Gaurav, Jagmahendra (Petitioner No.1), and ...
CRM-M-31718-2022 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-31718-2022 (O&M)
Jagmahendra and another ...Petitioners
Versus
State of Haryana and another ...Respondents
Sr. No. Particulars Details
1 The date when the judgment is reserved 01.09.2026
2 The date when the judgment is pronounced 03.09.2026
3 The date when the judgment is uploaded on the website 03.09.2026
4
Whether only operative part of the judgment is pronounced or full
judgment is pronounced
Full
5
The delay, if any, of the pronouncement of full judgment, and
reasons thereof
Not
applicable
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Sanjay Verma, Advocate
for the petitioners.
Mr. Apoorv Garg, Addl. A.G., Haryana.
Ms. Garima Thappa, Advocate (Legal Aid Counsel)
for respondent No. 2.
MANISHA BATRA, J.
1. The present petition has been filed by the petitioners under
Section 482 Cr.P.C. for quashing of FIR No.83 dated 28.08.2021, registered
under Sections 313, 323, 342, 376-D, 506, 376(2)(n) and 354-B of IPC at
Police Station Women Police Station, Manesar, Gurugram, along with all
consequential proceedings arising therefrom, qua the petitioners.
CRM-M-31718-2022 (O&M) -2-
2. Brief facts of the case relevant for the purpose of disposal of
this petition are that the aforementioned FIR was registered on the basis of a
written complaint submitted by respondent No.2/complainant ‘P’ (name
withheld) alleging therein that she was married to Anuj Kumar on
07.03.2012 and a male child was born out of the said wedlock. One Gaurav,
who was a friend of her husband, called her from Noida to Gurugram on the
pretext of arranging a job for her. She further alleged that in the year 2017,
Gaurav took her to a rented room and raped her and also made obscene
videos and photographs of her. It was further alleged that by using those
videos, Gaurav continued to blackmail and sexually exploit her. She became
pregnant but Gaurav got her pregnancy terminated. It was further alleged
that Gaurav again brought her to Gurugram and kept her at a rented house at
village Bhangrola and continued to sexually exploit her. In the year 2018,
when her husband came to meet her, Gaurav gave him beatings and
threatened him to divorce the complainant and forget her. He also obtained
signatures of the complainant and her husband on blank papers by
representing that they had been divorced. The complainant further alleged
that she became pregnant several times and Gaurav got her pregnancies
terminated. In August 2020, when the complainant insisted upon marriage,
Gaurav and his brother Ashu (petitioner No. 2) tried to kill her by pouring
kerosene oil upon her. She was thereafter taken for treatment to Kailash
Hospital. It was further alleged that on 21.07.2021, Gaurav and Ashu took
her to Geeta Ghat Ashram, Shukartal, on the pretext of getting married but
no marriage took place. Then, on 24.07.2021, Gaurav left her stating that he
would convince his family members.
CRM-M-31718-2022 (O&M) -3-
3. As per the further allegations, on 25.07.2021 Gaurav, along
with his father Jagmahendra (petitioner No.1) and Ashu, took the
complainant in a car to village Kakkepur, District Meerut, where she was
confined in a room and her mobile phone was taken away. She alleged that
she was beaten and that Gaurav and Ashu raped her. It was further alleged
that petitioner Jagmahendra told her that Gaurav was already married and
that she should forget him and leave quietly, otherwise she would be killed
and even threatened her with being sold to a prostitution centre. She was
thereafter left on the highway in the early morning.
4. After registration of the FIR, investigation was carried out by
the police. During investigation, statements of the witnesses were recorded
and a rough site plan of the place of occurrence was prepared. The
complainant was medically examined at General Hospital, Gurugram, and
her statement under Section 164 Cr.P.C. was also recorded before the
learned Illaqa Magistrate, Gurugram. During the course of investigation,
Sections 323, 354-B and 376(2)(n) IPC were also added. The petitioners and
co-accused Gaurav were granted concession of bail.
5. During further investigation, the ultrasound report of the
complainant was obtained, which showed a pregnancy of 16 weeks and 3
days. The statement of Dr. Poonam was also recorded, who confirmed the
abortion of the complainant. Upon completion of investigation, the final
report under Section 173(2) Cr.P.C. was presented before the learned Illaqa
Magistrate, Gurugram, on 19.04.2022. Thereafter, charges were framed
against the petitioners by the learned trial Court vide order dated 21.05.2022.
However, vide order dated 13.12.2022, passed in this petition, proceedings
CRM-M-31718-2022 (O&M) -4-
qua the present petitioners were stayed by this Court.
6. It is argued by learned counsel for the petitioners that they have
been falsely implicated in the present case. It is argued that the alleged
incident dated 25.07.2021 took place at village Kakkepur, District Meerut,
and, therefore, the police authorities at Gurugram had no jurisdiction to
register the FIR. It was further argued that the complainant had already
approached the police authorities at Meerut and had also filed a complaint
before the competent Court there but the allegations were not found to be
substantiated. Learned counsel further referred to the enquiry report prepared
by the police authorities at Meerut and argued that there was no
corroborative material in support of the allegations made against the
petitioners. It was also argued that a conversation between the complainant
and the family members of the petitioners shows that she was demanding an
amount of Rs.10 lakh and was threatening to implicate the entire family in a
criminal case in case the amount was not paid. The said material clearly
shows that the present FIR was lodged subsequently as a pressure tactic.
7. It is further argued that the allegation of rape in the FIR is
specifically against Gaurav and Ashu. As regards petitioner No.1-
Jagmahendra, there is no specific allegation that he himself committed rape.
Learned counsel, therefore, argued that the ingredients of Section 376/376-D
IPC are not made out against petitioner No.1 and that continuation of the
proceedings against the petitioners would amount to abuse of the process of
law. Hence, it is urged that the petition deserves to be allowed and the
impugned FIR is liable to be quashed qua the petitioners.
8. On the other hands, learned State counsel, assisted by learned
CRM-M-31718-2022 (O&M) -5-
counsel for respondent No.2, has opposed the petition. It is argued that the
FIR discloses commission of serious cognizable offences and that the
allegations cannot be examined by this Court by appreciating the evidence in
exercise of jurisdiction under Section 482 Cr.P.C. It is further argued that
during investigation statements of the witnesses were recorded, the place of
occurrence was verified, the complainant was medically examined and her
statement under Section 164 Cr.P.C. was recorded before the learned
Magistrate. It is submitted that Sections 323, 354-B and 376(2)(n) IPC were
subsequently added during investigation. The investigating agency found
sufficient incriminating material against the petitioners and co-accused.
9. Learned counsel for respondent No.2 has submitted that her
statement under Section 164 Cr.P.C. contains specific allegations regarding
the occurrence. In the said statement also, the complainant stated that on
25.07.2021 she was taken to the house at Kakkepur, her mobile phone was
taken away and she was confined there. She specifically stated that when she
raised an alarm, Ashu and Gaurav came and both of them raped her. She also
referred to the conduct of the father of Gaurav at the said place. Learned
State counsel further submitted that the investigation culminated in
presentation of the final report under Section 173(2) Cr.P.C. and charges
have already been framed by the learned trial Court vide order dated
21.05.2022. The trial is pending. It was, therefore, argued that the pleas
raised by the petitioners regarding the alleged previous complaint, enquiry
report, conversation and the alleged demand of money are all matters of
defence which cannot be adjudicated upon in the present proceedings. No
case for quashing of the FIR has been made out. Hence, it is urged that the
CRM-M-31718-2022 (O&M) -6-
petition is liable to be dismissed.
10. This Court has heard the rival submissions of learned counsel
for the parties.
11. At the outset, it will be profitable to look into the scope and
ambit of the Court’s power under Section 482 Cr.P.C. (which is pari materia
with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) as spelt out
in several judicial pronouncements of Hon’ble Supreme Court as well as
different High Courts. The well settled proposition of law is that in exercise
of inherent powers under Section 482 Cr.P.C., the High Court is not
expected to analyze all the facts, which are to be placed before the High
Court. The power conferred under this section is very specific. To secure the
ends of justice, to prevent the abuse of process of Court or to make any such
orders as may be necessary to give effect to any order under the Code, such
power can be exercised to prevent abuse of process of Court. The Hon’ble
Supreme Court has drawn up some guidelines in some categories of cases by
way of illustration to circumscribe the exercise of inherent power under
Section 482 of Cr.P.C. to prevent abuse of process of any Court or to secure
the ends of the justice or to give effect to an order of the Court. A celebrated
pronouncement on this point is the case cited as State of Haryana Vs.
Bhajan Lal : 1992 SUPP (1) SCC 335, wherein Hon’ble Supreme Court had
discussed different categories of cases wherein the power under Section 482
Cr.P.C. could be exercised either to prevent abuse of process of law or
otherwise to secure the ends of justice, while observing that it might not be
possible to lay down any precise, clearly defined, sufficiently channelized,
inflexible guidelines or rigid formulae and to give an exhaustive list or
CRM-M-31718-2022 (O&M) -7-
myriad kind of cases where such powers should be exercised. The following
principles have been culled out:-
“102 (1) 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;
(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 improbable on the basis of 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 efficacious redress for the grievance of the
aggrieved party;
CRM-M-31718-2022 (O&M) -8-
(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 private and
personal grudge.”
12. The principles of law as laid down by Hon’ble Supreme Court
in Bhajan Lal’s case (supra) have been followed in a catena of judgments.
In Paramjeet Batra vs. State of Uttarakhand, (2013) 11 SCC 673, it was
observed by Hon’ble Supreme Court that although the inherent powers of a
High Court under Section 482 of the Code should be exercised sparingly and
only for the purpose of preventing abuse of process of any Court or
otherwise to secure ends of justice, yet, the High Court must not hesitate in
quashing such criminal proceedings, where essential ingredients of the
offence are not made out. In Mahendra K.C. vs. State of Karnataka, (2022)
2 SCC 129: (2022) 1 SCC (Cri) 401, Hon’ble Supreme Court observed that
the test to be applied is whether the allegations in the complaint, as they
stand, without adding or detracting from the complaint, prima facie establish
the ingredients of the offence alleged. At this stage, the High Court cannot
test the veracity of the allegations, nor, for that matter, can it proceed in the
manner that a judge conducting a trial would, based on the evidence
collected during the course of the trial. In Priyanka Jaiswal vs. State of
Jharkhand, 2024 SCC Online SC 685, Hon’ble Supreme Court observed
that the Court exercising extraordinary jurisdiction under Section 482 of
Cr.P.C. cannot conduct a mini trial or enter into appreciation of evidence of
a particular case. The following observations were made:
“13. We say so for reasons more than one. This Court in
catena of Judgments has consistently held that at the time
CRM-M-31718-2022 (O&M) -9-
of examining the prayer for quashing of the criminal
proceedings, the court exercising extra-ordinary
jurisdiction can neither undertake to conduct a mini trial
nor enter into appreciation of evidence of a particular
case. The correctness or otherwise of the allegations
made in the complaint cannot be examined on the
touchstone of the probable defence that the accused may
raise to stave off the prosecution and any such
misadventure by the Courts resulting in proceedings
being quashed would be set aside. This Court in the case
of Akhil Sharda1 held to the following effect:
“28. Having gone through the impugned
judgment and order passed by the High
Court by which the High Court has set aside
the criminal proceedings in exercise of
powers under Section 482 Cr.P.C., it appears
that the High Court has virtually conducted a
mini trial, which as such is not permissible at
this stage and while deciding the application
under Section 482 Cr.P.C. As observed and
held by this Court in a catena of decisions no
mini trial can be conducted by the High
Court in exercise of powers under Section
482 Cr.P.C. jurisdiction and at the stage of
deciding the application under Section 482
Cr.P.C., the High Court cannot get into
appreciation of evidence of the particular
case being considered.”
13. Similar view was taken in Minakshi Yadav vs. State of Uttar
Pradesh, 2024 SCC Online 643, wherein Hon’ble Supreme Court observed
that the Court would not be justified in embarking upon an inquiry as to the
reliability and genuineness or otherwise of the allegations made in the FIR
CRM-M-31718-2022 (O&M) -10-
or the complaint at the stage of quashing of the proceedings under Section
482 of Cr.P.C.
14. Reference can further be made to Gian Singh vs. State of
Punjab, (2012) 10 SCC 303, wherein Hon’ble Supreme Court observed that
the power of the High Court in quashing a criminal complaint or an FIR, in
exercise of its inherent jurisdiction, is distinct and different from the power
given to a criminal court for compounding the offences under
Section 320 of
the Code. Inherent power is of wide plenitude with no statutory limitation
but it has to be exercised in accordance with the guidelines engrafted in such
power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the
process of any Court.
15. In Neeharika Infrastructure vs. State of Maharashtra : 2021
SCC OnLine SC 315, the Apex Court observed that the Courts ought to be
cautious in exercising powers under Section 482 of Cr.P.C. They do have
power to quash. The test is whether or not the allegations in the FIR disclose
the commission of a cognizable offence? The merits of the allegations are
not to be entered into nor the power of the investigating agency to
investigate into allegations involving the commission of a cognizable
offence is to be trenched upon.
16. Similar position of law was reiterated by Hon’ble Supreme
Court in Ajay Malik vs. State of Uttarakhand, 2025 SCC OnLine SC 185,
wherein it was observed as follows:
“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
CRM-M-31718-2022 (O&M) -11-
neither controlled nor limited by any other statutory
provision. However, given the broad and profound nature
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
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).”
17. On applying the principles of law as laid down in aforecited
authorities, it is revealed that the impugned FIR cannot be said to be one
which, on its face, does not disclose commission of any offence. There are
specific allegations regarding wrongful confinement, beating, threats and
other acts against the petitioners. So far as petitioner No.2-Ashu is
concerned, there is a direct allegation in the FIR that he, along with Gaurav,
committed rape upon the complainant. The same allegation finds mention in
her statement recorded under Section 164 Cr.P.C. Learned counsel for the
CRM-M-31718-2022 (O&M) -12-
petitioners has placed considerable emphasis on the fact that the allegation
of actual rape in the FIR is against Gaurav and Ashu and not against
petitioner No.1-Jagmahendra. This Court finds that the submission cannot, at
this stage, result in quashing of the entire proceedings against petitioner
No.1. It is true that the FIR specifically attributes the act of rape to Gaurav
and Ashu. However, the same FIR also alleges that Jagmahendra was
present when the complainant was taken to the village, that she was confined
there, that she was beaten and that he threatened her to forget Gaurav and
leave the place, failing which she would be killed. Thus, the allegations
against petitioner No.1 cannot be said to be wholly absent or inherently
improbable. Section 376-D IPC deals with gang rape. The essence of the
provision is not that each accused must necessarily have committed the
physical act of rape himself. Where a woman is raped by persons acting as a
group and in furtherance of their common intention, the liability under the
provision can extend to a person who has participated in the commission of
the offence in furtherance of such common intention. Hence, whether the
role attributed to petitioner No.1 is sufficient to constitute participation in
the offence under Section 376-D IPC and whether the ingredients of the
other offences are ultimately established against him, are questions which
would depend upon appreciation of the evidence to be led during trial. At
this stage, this Court would not be justified in returning a finding regarding
the ultimate guilt or otherwise of either of the petitioners.
18. There is another important aspect of the matter. Even assuming,
for the sake of argument, that the submission of learned counsel regarding
absence of a specific allegation of rape against petitioner No.1 is accepted,
CRM-M-31718-2022 (O&M) -13-
the entire prosecution against him cannot be quashed on that ground alone.
The FIR contains specific allegations of assault, wrongful confinement and
criminal intimidation, besides other allegations and the investigating agency
has collected material during investigation which led to submission of the
final report against the petitioners. The allegations against petitioner No.1,
therefore, cannot be treated as so wholly absurd or inherently improbable as
to bring the case within the exceptional jurisdiction under Section 482
Cr.P.C.
19. The plea regarding territorial jurisdiction also does not persuade
this Court to interfere at this stage. The respondents have relied upon Section
178 Cr.P.C. to submit that where an offence consists of acts done in different
local areas, the case may be tried by a Court having jurisdiction over any of
such local areas. Whether the entire set of allegations gives rise to a question
of territorial jurisdiction and the precise place where each offence was
committed are matters which can be appropriately considered by the
competent Court. The mere fact that the incident dated 25.07.2021 is alleged
to have taken place at Kakkepur, District Meerut, therefore, cannot by itself
be made the basis for quashing the FIR.
20. The petitioners have also relied upon the earlier complaint filed
before the police authorities and the enquiry report prepared at Meerut. They
have further relied upon the alleged conversation in which a demand of
Rs.10 lakh is attributed to the complainant. These documents raise disputed
questions regarding the conduct of the parties and the credibility of the rival
versions. The complainant, in her subsequent reply, has disputed the
interpretation sought to be placed upon these documents and has maintained
CRM-M-31718-2022 (O&M) -14-
that she was under pressure and was subsequently constrained to approach
the Gurugram police. This Court cannot, in proceedings under Section 482
Cr.P.C., determine which of the rival versions is correct or whether the
alleged conversation conclusively establishes a demand of money or false
implication. Such an exercise would necessarily require appreciation of
evidence and examination of the circumstances in which the conversation
and the earlier complaints came into existence. The same is within the
domain of the learned trial Court.
21. It is also not insignificant that the investigation has already been
completed and the final report under Section 173(2) Cr.P.C. has been
presented. The learned trial Court has thereafter framed charges against the
petitioners vide order dated 21.05.2022. The prosecution is thus required to
be tested on the evidence which would come on record during trial. This
Court is conscious of the fact that the mere framing of charges by itself does
not take away the jurisdiction of this Court under Section 482 Cr.P.C.
However, once investigation has been completed, material has been
collected, charges have been framed and the allegations in the FIR disclose
prima facie commission of offences, interference would be justified only
where continuation of the proceedings would clearly amount to abuse of the
process of law. The present case does not fall in that category.
22. Learned counsel for the petitioners has also argued that the
allegations relating to repeated rape on the pretext of marriage are primarily
directed against Gaurav. Even this aspect cannot be examined in isolation
from the other allegations forming part of the prosecution case. The question
whether the individual acts attributed to each accused satisfy the ingredients
CRM-M-31718-2022 (O&M) -15-
of the particular penal provisions is ultimately to be determined on the basis
of the evidence led before the trial Court. At the stage of the present petition,
this Court is not required to dissect the prosecution case offence-wise and
accused-wise by undertaking an appreciation of evidence.
23. Keeping in view the discussion made above, this Court is of the
considered opinion that no case for exercise of inherent powers by this Court
is made out for quashing the impugned FIR. Accordingly, the petition is
dismissed. The interim stay, grated by this Court vide order dated
13.12.2022, stands vacated. The learned trial Court shall proceed with the
trial in accordance with law.
24. However, it is made clear that the observations made herein are
only for the purposes of deciding the present petition and the same shall
have no bearing on the merits of the case.
03.09.2026 (MANISHA BATRA)
Waseem Waseem Waseem Waseem R. R. R. R. AnsariAnsariAnsariAnsari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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