H.R. Panwar, J. - (1.) BY the instant criminal miscellaneous petition under" Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter), the petitioners seek quashing of FIR No. 218 dated 2.8.2007, Police Station, Gharsana, district Sri Ganganagar for the offences under Sections 420, 467, 468, 471 and 120B, IPC.
(2.) I have heard learned Counsel for the parties. Carefully gone through the FIR. It is contended by the learned Counsel for the petitioners that the matter is of a civil nature and, therefore, the criminal prosecution is bad. Learned Counsel has relied on three decisions of the Hon'ble Supreme Court in All Cargo Movers (I) Pvt. Ltd. v. Dhanesh Badarmal Jain and Anr., AIR 2007 SCW 667; Inder Mohan Goswami and Anr. v. State of Uttaranchal and Ors., AIR 2007 SCW 6679 and Suresh v. Mahadevappa Shivappa Danannava and Anr., 2005 Cr.L.R. (SC) 295.
(3.) LEARNED Public Prosecutor contended that the civil and criminal action can simultaneously be taken if the offence showing the criminal intend punishable under the Indian Penal Code is made out from the averments made in the FIR. Learned Public Prosecutor submits that at the stage of quashing the FIR, only the averments made in the FIR are to be seen and if the FIR discloses commission of cognizable offence then in such matters, the FIR may be allowed to be investigated and the powers of investigation cannot be taken away only on the saying of the petitioners that it is a matter essentially of a civil nature. He Learned Public Prosecutor has relied on the decisions of the Hon'ble Supreme Court in M. Krishnan v. : 2001CriLJ4705 ; Alpic Finance Ltd. v. : 2001CriLJ1246 ; and Lalmuni Devi (Smt.) v. : (2001)2SCC17 .;