Back
RAJASTHAN HIGH COURT
Arun Monga, J.
Gordhan Lal Soni and Ors. – Petitioners
versus
State of Rajasthan and Anr. – Respondents
S.B. Criminal Misc (Pet.) No.7477 of 2024
Decided on 24.10.2024
[Uploaded after corrections on 11.12.2024]
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 175 [Criminal Procedure Code, 1973 – Section 156] – Direction for Police investigation – Ordinarily, such powers are to be exercised in cases where nature and gravity of offence demand that such sensitive or complex cases receive due attention from a senior officer – Inherent checks and balances contained therein are to ensure that any crime against society does not go unpunished – At the same time, power under the section ought not to be misused to carry out investigations in frivolous complaints – Magistrate may also conduct his own inquiry before arriving at a just decision, to prevent misuse of police powers – Provisions aim to ensure effective and fair investigation of cognizable offenses while balancing need for judicial vigilance – Dispute between complainant and petitioners is purely civil in nature, which has been given colour of criminality – Registration of impugned FIR against petitioners is abuse of process of law – Impugned FIR and consequential proceedings against petitioners quashed. (Paras 12, 12.1, 15.1, 16 and 17)
(B) Criminal Procedure Code, 1973 – Section 156 (3) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 175] – Direction for Police investigation – In family disputes triable by Magistrates, especially those involving close relatives, Magistrates should strive to nurture an environment conducive to preserving and strengthening familial bonds – Focus should be on fostering harmony and emotional well-being, rather than perpetuating hostility – Resolving disputes amicably not only benefits immediate parties involved but also safeguards future generations from adverse impact of lingering animosities – Emphasis ought to be to encourage enduring benefits of familial unity and cordiality, ensuring that next generation inherits an atmosphere of harmony rather than hostility – Magistrates must also meticulously ascertain truthfulness and credibility of allegations, corroborating them with supporting material before taking action – Criminal Complaints in family disputes should not be entertained casually or without due scrutiny, as this may lead to undue harassment – Criminal courts must not serve as tools for personal vendettas or to gain unwarranted advantages – Orders passed under Section 175 BNSS should reflect a thorough application of judicial mind, ensuring that frivolous or malicious complaints are promptly dismissed. (Paras 18.1, 18.2 and 19)
Result: Petition disposed of with observations.
JUDGMENT
The case in hand illustrates the fallacious practice often followed by the Judicial Magistrates in directing police officials to register FIRs, invoking their power under section 175 of the BNSS [corresponding with section 156 of the Cr.P.C.], in a mechanical manner and without due application of judicial mind, even if the ingredients of the alleged offences are not made out. Such perfunctory approach, in turn, puts the civil liberties of the accused persons at risk, forcing them to seek bail as suspects—either anticipatory, alternatively, regular—if they have been arrested following the registration of the FIR and, if charge sheet already filed, then as an undertrial, face the harassment, humility and agony of trial in Courts.
2. Petitioners No. 1, 2 and 3 are son-in-law, daughter and granddaughter (being the daughter of petitioners No. 1 and 2), respectively of the complainant/respondent No.2. They seek quashing of FIR No. 266 dated 27.09.2024, PS Kotegate, Bikaner registered against them for alleged offences under Sections 420/406/120B IPC and consequential proceedings.
Facts
3. Factual narrative as per translated version of the impugned FIR is as below:-
“Today, on 27.09.2024, following complaint was received through post under Section 175 (3) (BNSS) from the learned Chief Judicial Magistrate, Bikaner, filed by complainant Smt. Kamla Devi, wife of late Shyam Sunder caste Soni, age 72 years, resident of K.G. Complex, behind Durga Mata Temple, Police Station Kotegate, Bikaner, under Sections 420, 406, 120B of the IPC.
x-x-x-x-x-x-x-x
In the Court of Chief Judicial Magistrat, Bikaner.
Kamla Devi, wife of late Shyam Sunder caste Soni, age 72 years, resident of K.G. Complex, behind Durga Mata Temple, Bikaner. —Complainant
versus
1. Gordhan Lal Soni, son of Ramniwas Soni, resident of Chhoti Khatu, Barla Bazaar, District Nagaur.
2. Shobha Devi, wife of Gordhan Lal Soni, resident of Chhoti Khatu, Barla Bazaar, District Nagaur.
3. Lalita Soni daughter of Gordhan Lal Soni resident of Chhoti Khatu, Badla Bazar, District Nagaur. —Accused
Complaint under section 175 (3) BNSS Section 61, 316 (2), 318 (4) BNS.
Sir,
The complaint is being presented as below:-
1. I, the complainant, Kamla Devi wife of late Shyamsundar caste Soni, age 70 years, resident behind K.G. Complex, behind Durga Mata Temple, Bikaner, am a widow. I have two sons and four daughters.
2. One of my sons Bhavani died in an accident and my daughter Shobha was married to Gordhan Lal Soni of ChhotiKhatu who is my eldest son-in-law and the family had placed trust in Shobha and her husband.
3. In the past the accused persons had defrauded me, which caused a family rift. After my husband’s demise, they sought forgiveness, seemingly to regain my trust. However, there was a big conspiracy behind their settlement i.e. their intention to usurp my property and my wealth (money, gold, silver). Same gradually became apparent to me and I got to know the real faces of these two.
4. That after the death of my husband and son Bhavani, I was left alone. Therefore, my daughter Shobha and her husband Gordhan Lal Soni used to come to meet me. After the death of my husband and son, I was under deep shock due to which I was unable to think much.
5. That my son-in-law Gordhan Lal Soni came to Bikaner on 21.01.2021 and called me and said that he wanted to buy a camera and I should bring 1 lakh rupees to him at KEM Road. I, the complainant, reached KEM Road with one lakh rupees and made the payment for the camera for Gordhan ji. Gordhan ji then gave the camera to his son Lalit and sent him to Khatu.
6. On 21.05.2021, Gordhan ji again came to my house and asked for two lakh rupees from me for his personal need. I again gave two lakh rupees to Gordhan ji. He stayed at my house that night and left with two lakh rupees in the morning on 22.05.2021.
7. That on 21.09.2021 my daughter Shobha and son-in-law Gordhan Lal Soni along with their 5-year-old grand son c
Direction for Police investigation – In family disputes triable by Magistrates, especially those involving close relatives, Magistrates should strive to nurture an environment conducive to preserving....
Judicial Magistrates must apply scrutiny before directing FIR registration to prevent misuse of the criminal justice system in familial disputes.
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
The court emphasized the necessity of conducting a preliminary inquiry before proceeding with an FIR to prevent abuse of legal process in cases with potential ulterior motives.
A Magistrate under Section 156(3) Cr.P.C. must exercise judicial discretion by clearly recording reasons for either initiating an investigation, rejecting the complaint, or ordering a preliminary enq....
A Magistrate can direct FIR registration even after commencing proceedings under section 202 Cr.P.C, clarifying the powers under sections 156(3) and 202.
FIR registration is mandatory under Section 154 CrPC when cognizable offences are disclosed; failure to comply with procedural requirements invalidates the FIR.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
