The High Court can quash an FIR if the allegations do not prima facie constitute an offense or if the allegations are absurd and inherently improbable.

1. - This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.77/2014 dated 01.08.2014 of Police Station, Sandwa, District Churu for the offences punishable under sections 379 and 427 IPC.

2. Brief facts of the case are that respondent No.2 Sugan Chand, Patwari of area concerned has lodged a complaint under the directions of the Tehsildar Bidasar while alleging that there is a tree of Khejri (Prosopis Cineraria) in village Berasar and the accused persons cut its branches and took them away. On the basis of the said report, the police has registered the FIR No.77/2014, contents of which are as follows:

"vkt fnukad 1-8-2014 ds oDr 2-00 ih,e ij Jh lqxupUn iq= cnzhizlkn tkfr eh.k mez 26 lky fu0 vaxkjh Fkkuk Fkkukxkth gky gYdk iVokjh cEcw e; fujh{kd (Hkw0v0) o'r lk.Mok Jh deynso iq= jkes'ojyky tkfr czkgkz.k fuoklh okMZ ua0 3 lqtkux<+ ds gkftj Fkkuk gksdj ,d fyf[kr fjiksVZ cnh etequ] "lsok esa Jheku~ S.H.O lk0 lk.Mok fo"k; F.I.R. NtZ djokus ckcr & izlax Jheku~ rglhynkj lk0 chnklj dk vkns'k fnukad 31-7-2014 egksnu fuosnu gS fd cSjklj esa iVokjh gYdk cEcw dh fjiksVZ vuqlkj /kkfeZd laLdkj okyh [kstM+h dks tsBkjke iq= lqxukjke tkV] equhjke iq= lqxujke tkV] lqxukjke iq= fd'kukjke tkV fuoklh cSjklj }kjk 'kk[kkvksa ls dkVk tkdj tsBkjke iq= xqxukjke tkV cSjklj }kjk mBk dj ys tk;k x;k crk;k gSA mDr fu;ekuqlkj

F.I.R. ntZ djus dh d'ik djsA ,lMh deynso] deynso fujh{kd Hkw0v0 o'r lkaMok]" is'k dh & etequ fjiksVZ ls ekeyk tqeZ /kkjk 379] 427 Hkknl dk ?kfVr gksuk ik;k tkus ij eqdnek uEcj 77@2014 /kkjk 379] 427 Hkknl esa ntZ dj rQ~rh'k 'kq: gqbZA"

3. The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the impugned FIR. It is submitted that the said Khejri (Prosopis Cineraria) tree is situated adjacent to the residential house of the petitioners and due to storm, its branches broke down and fell into the house of the petitioners about eight months back from the date of filing of the FIR. It is contended that the petitioners have not committed any theft or mischief causing damage to the amount of Rs. 50/- or above and from bare reading of the FIR, the offence of commission of theft or mischief causing damage to the amount of Rs. 50/- is not made out. It is also contended that the FIR has been lodged at the instance of the political opponents of the petitioners and they have been implicated due to malafide, therefore, the impugned FIR is liable to be quashed.

4. Learned Public Prosecutor has opposed the prayer of the learned counsel for the petitioner for quashing the FIR and argued that from bare reading of the contents of the FIR, a prima facie case is made out against the petitioners, therefore, no case for quashing the FIR is made out.

5. Heard learned counsel for the parties and perused the impugned FIR.

6. In the impugned FIR, it has nowhere been mentioned that on which date, the petitioners have cut the branches of the Khejri tree. It is to be noticed that it is not stated in the FIR that who was in possession of the branches of the tree and without consent of that person, the petitioners have taken away the said branches. From bare reading of the FIR, the offence punishable under section 379 IPC is not made out against the petitioners. The FIR also does not reveal that on account of the action of the petitioners, any damage or loss has been caused and to whom. Hence, the offence punishable under section 427 IPC is also not made out.

7. In State of Haryana & Ors. v. Bhajan Lal & Ors., 1992 SCC (Cri) 426 , the Hon'ble Supreme Court has examined the powers of the High Court of quashing a First Information Report lodged in any police station while exercising the power under Article 226 of Constitution of India or under Section 482 Cr.P.C. and has held as under:-

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in