Point of Law: Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.

ORDER :

1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.208/2022 registered at Police Station Jaisalmer, District Jaisalmer for the offence under Section 306 of IPC and also seeking fair and impartial investigation.

2. Learned counsel for the petitioner submits that the petitioner has nothing to do with this crime and the recovered suicide note which was sent for FSL, the report of same has not been received till now. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

3. Learned Public Prosecutor has opposed the petition and submits that the co-accused has already been arrested and challan of the case has been presented and investigation in respect of the present petitioner is going on. Public Prosecutor further submits that it is well settled position that inherent powers under Section 482 Cr.P.C. can be exercised only in exceptional cases when the Court finds that from the allegation made in the FIR/complaint even prima facie no offence is made out against the accused but in the present case from the evidence collected during investigation, it cannot be said that no case is made out against the petitioner for the offence under Section 306 IPC. Since the investigation is going on, therefore, the petition may kindly be rejected.

4. I have considered the arguments and perused the FIR.

5. According to the perusal of the FIR and suicide note, it is revealed that a specific allegation has been levelled against the petitioner. Therefore, at the stage of investigation, no case for quashing of FIR is made out in this case.

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 primafacie 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