The court can quash criminal proceedings if it deems them to be futile in light of the limited role attributed to the accused and the acquittal of the main accused.

JUDGMENT :

J.C. DOSHI, J.

1. Rule. Learned APP waives service of rule on behalf of respondent no. 1. Though served, none appears for respondent no. 2.

2. By way of present petition under section 482 of Cr.P.C. the petitioner prays to quash FIR being C.R. No. I-85 of 2015 registered by respondent No. 2 with Amraiwadi Police Station for the offence under sections 406 and 420 of Indian Penal Code.

3. Briefly stated facts of the case are as under:

3.1. According to FIR, first informant when visited his cousin Viral at Ahmedabad came into contact with present petitioners and over time became friends. Present petitioners have introduced their parents viz. Mukeshbhai Patel and Hansaben Patel to first informant. Subsequently, mother of the petitioners identified herself and told that her husband is IPS officer and she can help in clearing 10th and 12th Standard, which may ultimately led to get good job. It is alleged that Mukeshbhai-father of the petitioners also told first informant that he has good contact in USA and if 8 to 10 lacs are spend, he can settle persons at USA. Upon such talk and having got promise, first informant gave Rs. 90,000/- to the parents of the petitioners in the year 2012. But said promise was not fulfilled. Thus, FIR came to be lodged in the year 2015 before Amraiwadi Police Station, Ahmedabad for the aforesaid offences against parents of the petitioners as well as petitioners.

4. Heard learned advocate Mr. Maulik Nanavati for petitioners and learned APP for the respondent-State. Though served, none appears for respondent no. 2.

5. Learned advocate Mr. Maulik Nanavti for the petitioners would bring to the notice of this Court that trial against parents of the petitioners being Criminal Case No. 701843 of 2015 has been conducted by the learned 7th Additional Chief Metropolitan Magistrate, Ahmedabad and it has resulted into clear acquittal. He would submit that looking to the FIR, role which is alleged to have been played in commission of offence are mainly against parents of the petitioners. No allegation of commission of offence of criminal breach of trust or forgery are levelled against the petitioners. Role of petitioners is limited that they introduced parents to the first informant and by no means offence under section 406 and 420 is made out. It is sought to submitted that since main accused are acquitted by the concerned Court after trial, carrying investigation further against the petitioners and allow investigation to the trial is nothing but futile exercise, more particularly, considering role of the petitioners comparing to the role alleged to have been played by their parents. Upon such submissions, he prayed to allow this petition.

6. On the other hand, learned APP having referred to case status report extracted from e-Court portal of Metropolitan Magistrate Court, submits that Criminal Case No. 701843 of 2015 which arose from FIR being C.R. No. I-85 of 2015 registered with Amraiwadi Police Station is disposed of in favour of the accused recording their acquittal.

7. It is to be noted that accused in the Criminal Case No. 701843 of 2015 were parents of the petitioners. Perusing the FIR, it indicates that allegation of commission of offence are levelled against the parents of the petitioners and allegation against the petitioners is that they introduced their parents to the first informant. In this circumstances, FIR on bare face appears to be mala-fide so far as present petitioners are concerned. Such findings get support from the fact that main accused are acquitted after trial. In that view of the matter, allowing FIR against the present petitioners would be futile exercise.

8. For the foregoing reasons, the petition is allowed. FIR being C.R. No. I-85 of 2015 registered with Amraiwadi Police Station, Ahmedabad as well as all other consequential proceedings arising out of the said FIR are hereby quashed and set aside. Rule is made absolute.