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Kapil Agarwal vs Sanjay Sharma on 1 March, 2021

42. Recently this Court upheld the acquittal of an accused under Section 7 of PC Act on the same ground, in Crl.A.No.429/2011 dated 10.03.2022. The Hon'ble Supreme Court in a recent case in the case of Kapil Agarwal and Others Vs. Sanjay Sharma and Others reported in (2021) 5 SCC 524 has taken a similar view and quashed the FIR. Such being the case, the FIR and the arguments of the respondent have no legs to stand. Hence, I proceed to quash the FIR.
Supreme Court of India Cites 32 - Cited by 74 - M R Shah - Full Document

P. Chidambaram vs Directorate Of Enforcement on 5 September, 2019

xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; and xv) When a prayer for quashing the FIR is made by the alleged accused, 15 the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider on merits whether the allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR.
Supreme Court of India Cites 78 - Cited by 2721 - R Banumathi - Full Document
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