The court emphasized that the power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.

JUDGMENT

Subramonium Prasad, J. - This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C for quashing FIR No.339/2020 dated 16.09.2020, registered at Police Station Lajpat Nagar for offences punishable under Sections 354/506/509 IPC.

2. The facts, in brief, leading to the present petition are as under:

a) The present FIR was registered at the instance of one Mrs. Bhawana R/o 2/8, MCD Flats South Ex Part-II, New Delhi. It is alleged by the complainant that on 10.01.2020, she along with a staff namely, Jyoti was present in the office. When the petitioner herein came to the office and asked the complainant as to why she was not responding to his phone calls and started making videos and taking photos of the office. It is stated that the petitioner further threatened the complainant that his son was working in the office of some Member of Parliament, and, therefore, she needed to work according to his directions. He threatened that if she could not work as per his directions, he would get her sacked from the office and be kidnapped. It is stated that after hearing this, the complainant tried to leave the office to inform about the incident to the authorities. It is stated that the petitioner closed the door and pushed the prosecutrix back and told her that there was no one to help her. It is stated that the prosecutrix then made a phone call and reported the misbehaviour of the petitioner to the higher authorities.

b) It is stated that Mr. K. C. Bhardwaj (S.S.), Central Zone came to complainants office with his staff to look into the matter. It is stated that the situation got out of control, and the petitioner started abusing and hitting Mr. K. C. Bhardwaj in front of the other staff. It is stated that some members of the staff called the security personnel, who got the petitioner out of the office.

c) The complainant gave a written complaint to the Deputy Commissioner, Central Zone, Lajpat Nagar for taking action against the petitioner for his misbehaviour. Subsequently, the instant FIR No. 339/2020 dated 16.09.2020 was registered at Police Station Lajpat Nagar for offences punishable under Sections 354/506/509 IPC.

3. The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing of the present FIR by stating that the instant FIR is an abuse of the process of law. Learned counsel for the petitioner states that the petitioner is 75 years old and got superannuated from his service at South Delhi Municipal Corporation. He states that the petitioner is rendering social service for Swachhta Karamchari Union of the Municipal Corporation of Delhi in the capacity of General Secretary of the Union. It is stated that a representation dated 28.06.2020 had come before the petitioner from one Mahesh, whose request for appointment on compassionate grounds was pending for consideration for a long time. It is stated that when the petitioner went to meet the concerned official, namely, Rahul Singh, Sr. A.C at MCD office, the said official insulted and abused the petitioner, and his staff pushed the petitioner out of the office. It is stated that after that incident, the petitioner made a complaint dated 02.09.2020 against the official Rahul Singh in Police Station Lajpat Nagar. It is stated that the present FIR is a counterblast to the complaint given by the petitioner.

4. It is further contended by the learned counsel for the petitioner that the incident is of 10.01.2020 and the instant FIR was registered on 16.09.2020. There is an inordinate delay of eight (8) months in filing the instant FIR. He states that the delay is fatal. He further contends that there was no reason given by the complainant in the FIR as to why the FIR was registered after an inordinate delay of eight months.

5. Learned counsel for the petitioner places reliance upon some judgments in Kishan Singh (Dead) Through LRs. vs. Gurpal Singh and Ors., (2010) 8 SCC 775, in Jai Prakash Singh vs. State of Bihar