- (1.) This petition under Section 482 Cr.P.C. is for quashing of FIR No. 149 dated 8.6.2007 under Section 365 IPC registered at Police Station Bahadurgarh, District Jhajjar.
(2.) The petitioners are residents of Haridwar in the state of Uttranchal. The background of the case is that one Rajbir Singh and Vijay Kushwara have business dealings. A dispute arose between them as Rajbir Singh issued some cheques to Vijay Kushwara which were dishonored by the Bank. A legal notice dated 15.12.2006 was served by Vijay Kushwara through his counsel. Rajbir Singh after receiving the legal notice got registered FIR No. 307 dated 21.12.2006 under Sections 406, 420, 467, 468, 471 IPC at Police Station Sadar Bahadurgarh against Vijay Kushwara to escape his liability in proceedings under Section 138 of the Negotiable Instruments Act. Vijay Kushwara was arrested on 3.1.2007 by police of Police Station Jawalapur, Haridwar. He was kept in illegal custody and was tortured at the behest of Rajesh and Rajbir Singh. Some papers were got signed from Vijay Kushwara. Subsequently, FIR No. 98/2007 under Sections 420, 467, 468, 471, 342, 506, 330 was registered at Police Station Jawalapur, District Haridwar against Rajbir Singh, Rajesh and police officials. On 8.6.2007 Rajbir Singh was arrested by Haridwar police and was produced before the Magistrate concerned on 9.6.2007. In these circumstances the question of kidnapping Rajbir Singh by Vijay Kushwara on 8.6.2007 did not arise and FIR No. 149 dated 8.6.2007 under Section 365 IPC was an abuse of process of Court.
(3.) This Court after going through the allegations in the FIR came to a conclusion that no offence against Vijay Kushwara was made out as Rajbir Singh could not be kidnapped on 8.6.2007 by the petitioner Vijay Kushwara along with the present petitioners as he stood arrested on 8.6.2007 in FIR No. 98/2007 under Sections 420, 467, 468, 471, 342, 506, 330 IPC and produced before the Magistrate on 9.6.2007 when he was granted bail. Following the law laid down in State of Haryana and others v. Ch. Bhajan Lal and others, 1992 AIR(SC) 604 a co-ordinate Bench of this Court in Crl. Misc. No. M-48625 of 2007 has quashed the proceedings qua Vijay Kushwara on 15.3.2010 (Annexure P6).;