Point of Law: High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.

ORDER :

Criminal Misc.(Pet.) No. 6823/2022

1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.0231/2020 registered at Police Station Dechu, District Jodhpur for the offences under Sections 419, 420, 467, 468, 471 and 120-B of IPC.

2. Learned counsel for the petitioner submits that the petitioner was not posted as Gram Sewak at the time of occurrence. The petitioner was posted as Gram Sewak before Gram Panchayat, Chandsama in the year 2015-2016 and the present occurrence relates to year 2017 to 2020. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

3. Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner and submits a detailed report wherein it is mentioned that offence against the present petitioner who was a Gram Sewak of Gram Panchayat, Chandsama have been proved. He further submits that in FSL Report it is mentioned that “the blue enclosed disputed signatures stamped and marked as Q1 to Q62 show dissimilarities with the blue enclosed standard signatures, writing stamped and marked as R1 to R107, A1 to A15, A38 to 53.”

4. I have considered the arguments advanced before and looking to the facts and circumstances, it cannot be said that the FIR is frivolous. Furthermore, FIR cannot be quashed.

5. 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 or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7. Whe