Point of Law: First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.

ORDER :

1. The petitioners have preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.0066/2022 registered at Police Station Jaswantpura, District Jalore for the offences under Sections 384, 327, 342, 323, 504 and 149 of IPC.

2. Learned counsel for the petitioners submits that no specific allegation has been levelled against the petitioners and they have falsely been implicated in this case. So far as, demand of money is concerned, the video and audio clips do not show that any specific demand has been made by any of the accused persons. Thus, a false allegation has been levelled against them with regard to demand of money and beating, therefore, the offences punishable under Sections 384 and 327 IPC are not made out against the petitioners. In these circumstances, the FIR lodged against the petitioners being frivolous, may be quashed.

3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by learned counsel for the petitioners.

4. Heard learned counsel for the parties and perused the FIR.

5. As per Police report, three video clips have been produced, out of which, as per second video and audio clip, petitioners No.1-Dhunka Ram and No.5-Mancha have specifically demanded Rs.25 Lacs from the complainant. The independent witnesses have also named petitioners No.2-Sanvala Ram S/o Uka Ji & No.3-Savla Ram S/o Rupa Ji stating that they were also present at the place when the money was demanded by the accused persons from the complainant. Thus, so far as petitioner Nos. 1, 2, 3 & 5 are concerned, they have been specifically named by the independent witnesses as well as per in the audio and video clips, therefore, FIR is not liable to be quashed in respect of petitioner Nos. 1, 2, 3 & 5. However, no specific role has been assigned against petitioners No.4 - Java Ram S/o Lacha Ji and No.6 - Savla Ram S/o Gema Ji and independent witnesses have also not named them for demanding money from the complainant. Therefore, I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C. in respect of petitioner No.4 - Java Ram S/o Lacha Ji and No.6 - Savla Ram S/o Gema Ji.

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 allega