MANOJ KUMAR GARG,J. - (1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.491/2019 registered at Police Station Pratap Nagar, District Jodhput City (West) for offence under Sections 420, 406 IPC.
(2.) Learned counsel for the petitioner submits that the complainant has deliberately lodged the impugned FIR against the petitioner on the basis of false, frivolous and bogus allegations whereas a civil suit is maintainable in this case. The petitioner has converted the civil matter into the criminal matter which is not permissible in the eye of law. Thus it is prayed that the FIR in question may be quashed. Per contra, learned Public Prosecutor has opposed the prayer.
(3.) I have considered the arguments and perused the FIR. From the perusal of the FIR, it cannot be said that no cognizable offence has been committed. The specific allegations in the FIR have been levelled against the petitioner. The allegations in the complaint prima facie satisfy the essential ingredients of the offence alleged. The police has statutory right to investigate the matter. No case is made out for quashing of FIR. Hon'ble Supreme Court in the case of State of Haryana and Ors. Vs. Choudhary Bhajanlal and Ors. : 1992 Suppl. (1) SCC 335], laid down guidelines for exercising inherent powers under Section 482 Cr.P.C. to quash FIR and criminal proceedings. The Court held: "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 extraordinary 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 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 FIR 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. ;