The power to quash a criminal proceeding should be exercised sparingly and cautiously to prevent abuse of process of any court and to secure the ends of justice.

JUDGMENT

1. The present misc. petition has been filed Under Section 482 Cr.P.C. for quashing the FIR No.210/2019, registered at Police Station Bhopalgarh District Jodhpur for offences 457, 323 IPC and under Sections 3(2)(va) and 3(2)(vi) of SC/ST (Prevention of Atrocities) Act.

2. Counsel for the petitioners submits that earlier the petitioners filed a petition before this Court and the same was decided on 22.01.2021 with the direction to the petitioners to file a representation before the concerned authority, who shall consider and decide the representation of the petitioners. Counsel submits that in compliance of the aforesaid directions, the petitioners appeared before the Investigating Officer and file a representation. But the representation has not been considered and decided in a right perspective. In such circumstances, the petitioners have filed the present petition for quashing of the impugned FIR. Therefore, it is prayed that the FIR No.210/2019 and consequential criminal proceedings may be quashed.

3. Per contra, Public Prosecutor has submitted that the representation of the petitioners was considered thoroughly as well as statement of the complainant under Section 164 Cr.P.C. has been recorded. Therefore, this stage the FIR is not liable to be quashed.

4. I have considered the rival arguments and carefully gone through the material on record.

5. From the perusal of the FIR, prima facie offence is made out against the petitioners and Investigating Officer considered the representation of the petitioners, therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed.

6. Hon'ble Supreme Court in the case of State of Haryana & Ors. Vs. Choudhary Bhajanlal & Ors.: 1992 Suppl. (1) SCC 335], laid down guidelines for exercising inherent powers under Section 482 Cr.P.C. to quash FIR and criminal proceedings. The Court held:

"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 a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code