- (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No.526/2013 dated 24.10.2013 of Amba Mata Police Station, District Udaipur, for offence under Sections 420, 467, 471 and 120 -B IPC.
(2.) LEARNED counsel for the petitioners has submitted that the respondent No.2 has filed this FIR while levelling false allegations against the petitioners. It is contended by learned counsel for the petitioners that the petitioners have purchased the agriculture land of the complaint -respondent No.2 by registered sale deed on 07.06.2013 and for consideration of Rs.13,50,000/ - out of which Rs.3,50,000/ - have been paid in cash and remaining Rs.10,00,000/ - have been paid through cheques to the respondent No.2. It is also contended that the amount of cheques have already been realised in favour of the respondent No.2 and, therefore, from these facts it is clear that the respondent No.2 has filed false FIR while levelling false allegations against the petitioners. Learned counsel for the petitioners has, therefore, prayed that the impugned FIR may kindly be quashed. Per contra, learned Public Prosecutor has submitted that a bare reading of the FIR in question constitute prima facie case against the petitioners and, therefore, no interference is called for while exercising powers under Section 482 Cr.P.C.
(3.) HEARD learned counsel for the petitioners as well as learned Public Prosecutor and perused the FIR in question. Hon'ble Apex Court in State of Haryana and Ors. V/s. Bhajan Lal and Ors. reported in 1992 SCC (Cri) 426 has examined the powers of the High Court of quashing an First Information Report lodged in any police station while exercising the power under Article 226 of Constitution of India or under Section 482 Cr.P.C. and has held as under: - "102. 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 ends of 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 should be exercised. (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 4 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 F.I.R. 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 F.I.R. 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. (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. 103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice." ;