- (1.) This petition has been filed u/s 482 Cr.P.C . for quashing of FIR No.0094/2020 registered at police station Mahuwa District Dausa under Section 143 , 341 , 323 , 427 IPC and Section 3(1)(S) (R) Sc/ ST Act 1989.
(2.) Counsel for the petitioner submits that the FIR deserves to be quashed as there is a FIR registered by the petitioner bearing no.95/2020 which is cross FIR in the case and therefore, the FIR registered by the complainant against the petitioner ought to be quashed.
(3.) I am afraid that such a ground is not available for quashing the FIR and it can be ground for having defence which can be raised only at the time of trial for the purpose of examining the FIR. The Supreme Court in the case of State of Haryana & Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 in Para 108 (7) has laid down as under:- "108. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers Under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the endsof justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power shoul should be exercised. 1..... 2..... 3..... 4..... 5..... 6..... 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." ;