The main legal point established in the judgment is that for quashing an FIR under Section 482 of the Cr.P.C., the allegations in the FIR must be tested at their face value and accepted in their entirety to determine if they prima facie constitute any offense or make out a criminal case against the accused.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. M.K. Borah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. Assam and Mr. P.K. Mazumdar, learned counsel for the respondent No. 2 (informant).

2. This is an application under Section 482 of Cr.P.C. 1973 for quashing of the FIR dated 28.04.2022 in connection with Dispur P.S Case No. 1056/2022 registered under Section 120(B)/342/387 of Indian Penal Code.

3. The brief fact leading to the filing of the instant Criminal Petition is that, the accused/petitioner as well as the father of the respondent No. 2 are friends for last several years and out of that good will and good faith, the accused/petitioner invested an amount of Rs. 1.20 crores with the father of the respondent No. 2 for a new business, which was promised to be returned in installments. In the month of January, 2019, the father of the respondent No. 2 paid an amount of Rs. 5,00,000/- to the accused/petitioner and assured the accused/petitioner that the remaining shall be paid within one and a half year. As assured by the father of the respondent No. 2, the entire amount is to be paid within the month of April, 2022. Accordingly, the accused/petitioner called the father of the respondent No. 2 but he ignored the calls of the accused/petitioner and subsequently, the father of the respondent No. 2 came to meet the accused/petitioner on 18.04.2022 and assured him that he would return the money, but he requires some time and gave the accused/petitioner a duly signed stamp paper and also the signed blank paper with revenue stamp affixed and told the accused/petitioner to keep the same in his custody and that the same was given as a token of his good intention to return the money within 6 (six) months or so. Thereafter, out of the blue after the matter was settled between the accused/petitioner and the father of the respondent No. 2 as aforesaid, the respondent No. 2 on 19.04.2022 lodged an FIR before the Basistha Police Station by bringing some frivolous allegations against the accused/petitioner. The accused/petitioner was brought to Police Station since the Police Authority of the Basistha Police Station acted on the FIR lodged by the respondent No. 2 and on that day itself, the accused/petitioner was allowed to go on bail by furnishing P.R. Bond. The accused/petitioner was called to the Dispur Police Station and came to know that the same FIR has also been lodged again before the Dispur Police Station against the accused/petitioner by the respondent No. 2 stating inter-alia that:

“On 18.04.2022, at around 1:00 p.m. the said Pawan Agarwal called upon my father and me to discuss some business affairs in his office near Kendriya Vidyalaya Khanapara, at Khanapara, Guwahati but as my father visited the said place with me, there were a gathering of 4-5 persons alongwith Pawan Agarwal who threatened my father and me of dire consequences if we do not follow his instructions. Then the said Pawan Agarwal asked my father forcefully to accept some allegations that my father owed him an amount of Rs. 1 crore and 5 lakhs only. With a criminal mind, he made a call from one of the person present there and forced my father to accept the false statement that my father borrowed an amount of Rs. 1 crore and 5 lakhs from Pawan Agarwal and he is yet to repay the same. This entire conversation was recorded in the said phone but I did not received the recording inspite of my request to the said Pawan Agarwal. He afterwards threatened my father of life if he do not follow them. He forcefully and without the consent of my father took sign on one blank stamp paper owns a Revenue Stamp. Apart from that, the said Pawan Agarwal forcefully without my father's consent made him put his signature on blank white papers with revenue stamp affixed to it. In the witness part, they forcefully let me to put my signature.

That after taking forcefully signature in different documents, Pawan Agarwal forced my father to provide his Identity C