The power under Section 482 Cr.P.C. should be sparingly exercised and should not be used to stifle a legitimate prosecution.

I. S. MEHTA, J.

1. The petitioner has filed the present petition under Section 482 Cr.P.C. for quashing of the FIR No. 598/2014 dated 18th November, 2014, under Sections 392/34 of the Indian Penal Code registered at P.S. Subzi Mandi, New Delhi.

2. The brief facts stated are that on 18th November, 2014, the respondent no.2/complainant, who is an advocate by profession and the President of the Roshanara Club had gone to Tis Hazari Court with one Mr. Subhash Kakkar, Secretary of Roshanara Club to lead his evidence in a matter captioned as ‘Ram Lal v. Kanhaiya Lal & Ors.’ It is the case of the respondent no.2/complainant that around 11:40 am when the petitioner came out of the Court room no. 347, of Tis Hazari Court, the petitioner started abusing the respondent no.2/complainant and his companions vehemently and surrounded them with two of the petitioner’s accomplices. It is further alleged that when respondent no.2/complainant tried to escape, the petitioner pushed Mr. Subhash Kakkar and he fell on the floor and he forcibly snatched a small black bag from his hand in which cash of Rs. 4,700/-, his identity card, some documents and some other things were there. It is alleged that the petitioner gave life threats to the complainant/respondent no.2 and his companions and ran away from the place of incidence. Thereafter, the respondent no.2 registered a complaint with the Police Station Subzi Mandi and which was subsequently registered as an FIR bearing no. 598/2014 under Sections 392/34 of IPC against the petitioner herein.

3. Aggrieved by the registration of the said FIR, the petitioner herein has preferred the present petition for quashing of the same.

4. The learned counsel appearing on behalf of the petitioner has submitted that the petitioner is a victim and he has been implicated in a number of false cases. He further submits that the petitioner has faith in the judicial system of the country and has been facing trial in all cases and cases culminated in acquittal except the pending cases. He has further submitted that the incident is dated 18.11.2014 and the allegation alleged is false. The respondent No.2 caught hold of the petitioner and started beating him mercilessly and in the meantime the petitioner dialed 100 number and reported the incident of his beating to the police headquarter. The communication so made was recorded in the system and the CD of the same along with the transcription has been ordered to be preserved by the direction of the Trial Court. He further submitted that the prepared conversation is also placed on the record.

5. The learned counsel for the petitioner has further submitted that the petitioner is a resident of Roshanara area and whenever any bad incident takes place the same is attributed to the present petitioner, resulting into the registration of FIR against him and in the present case also the petitioner is innocent and the aforesaid FIR registered against the petitioner is misuse of process of law and requires to be set aside and in support of his arguments has relied upon the following judgments:

i. State of Haryana v. Bhajan Lal, (1992) Supp 1 SCC 335.

ii. State of Karnataka v. Devendrappa & Anr. (2002) 3 SCC 89.

iii. Prashant Bharti v. State (NCT of Delhi), (2013) 9 SCC 293.

iv. Rajiv Thapar v. Madan Lal Kapoor, (2013) 3 SCC 33.

6. The learned counsel appearing on behalf of the respondent No.2/complainant has submitted that the invocation of Section 482 Cr.P.C. in the present petition is not proper as the present petitioner is required for determination of the offence punishable under Sections 392/34 of Indian Penal Code. She has further submitted that when there is a specific complaint against the present petitioner, which is to be determined during the course of trial, the present petition is not maintainable and liable to be rejected.

7. I have given my thoughtful consideration to the submissions made by learned counsel for both the parties and have also perused the material on record.