The power of quashing should be exercised sparingly and with circumspection, and criminal proceedings should not be scuttled at the initial stage.

JUDGMENT

1. This criminal misc. petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of the FIR No. 109/2020 registered at Police Station Manpur District Dausa for the offences under Section 498-A and 304-B IPC.

2. Brief facts of the case are that the complainant who is father of the deceased (Sonam Meena) lodged an FIR against the petitioner at Police Station Manpur District Dausa, alleging therein that the petitioner and his family members were regularly torturing her daughter for dowry, on account of which her daughter committed suicide. During the course of investigation the police has recorded statements of numbers of persons including mother & brother of the deceased who in their statement recorded under Section 161Cr.P.C. have specifically alleged against the petitioner with regard to demand of dowry and after investigation, investigating agency has also found that offence under Section 498A and 304B IPC is made out against the accused petitioner.

3. Counsel for the petitioner submitted that the deceased had committed suicide at her own and there is no role of the petitioner in her wrong action.

4. Learned Public Prosecutor opposed the petition and submitted that a bare reading of the FIR as well as the statement of mother & brother of the deceased recorded during trial clearly shows that the petitioner was in the habit of regularly demanding the dowry. Learned Public Prosecutor further submits that allegation levelled against the petitioner is yet to be proved during the trial. Learned Public Prosecutor further submitted that the quashing of FIR should be exception and rarity than original rule and in support of his contentions, he relied on the judgment passed by the Hon'ble Supreme Court in the matter of State of Madhya Pradesh Vs. Yogendra Singh Jadon & Anr. Reported in SCC 2020 (12) 588 where in Para-5 it has been held as under:-

"5. We find that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre trial stage. The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law. The manner in which loan was advanced without any proper documents and the fact that the respondents are beneficiary of benevolence of their father prima facie disclose an offence under Sections 420 and 120-B IPC. It may be stated that other officials of the Bank have been charge sheeted for an offence under Sections 13(l)(d) and 13(2) of the Act. The charge under Section 420 IPC is not an isolated offence but it has to be read alongwith the offences under the Act to which the respondents may be liable with the aid of Section 120-B of IPC."

5. Learned Public Prosecutor further relied on the judgment passed by the Hon'ble Supreme Court in the matter of Skoda Auto Volkswagen Vs. The State of Uttar Pradesh & Ors. reported in AIR (SC) 2021 (Page No-931) where in Para 41 it has been held as under;-

"41. It is needless to point out that ever since the decision of the Privy Council in King Emperor vs. Khwaja Nazir Ahmed, the law is well settled that Courts would not thwart any investigation. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. As cautioned by this Court in State of Haryana vs. Bhajan Lal, the power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint. In S.M. Datta vs. State of Gujarat, this Court again cautioned that criminal proceedings ought not to be scuttled