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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Pushpendra Singh Bhati, J.
Sadik Khan & Ors. – Appellant
Versus
The State of Rajasthan & Ors. – Respondent
S.B. Criminal Misc(Pet.) No. 2918/2021
Decided On : 20-09-2022
Quashing - FIR - The court allowed the petition to quash FIR No.70/2017, which was found to be exactly the same as an earlier FIR, and the mutation in question had been cancelled subsequently.
Fact of the Case:
The petition was filed to quash FIR No.70/2017 for offences under Sections 420, 467, 468, 471 & 120B IPC, as it was found to be the same as an earlier FIR with the same allegations.
Finding of the Court:
The court allowed the petition based on the statement made by the Public Prosecutor and investigating officer, quashing the FIR and setting aside all pending applications.
Issues: Quashing of FIR No.70/2017
Ratio Decidendi: The court found that the FIR was exactly the same as an earlier FIR and that the mutation in question had been cancelled subsequently, leading to the decision to quash the FIR.
Final Decision: The petition to quash FIR No.70/2017 was allowed, and the FIR along with the entire proceeding pursuant thereto was quashed and set aside qua the petitioners.
ORDER
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No.70/2017 registered at Police Station Baap, Jodhpur Rural, Jodhpur for the offences punishable under Sections 420, 467, 468, 471 & 120B IPC.
2. Learned Public Prosecutor along with the investigating officer present in Court submit that the stratum of the FIR, which was lodged earlier bearing FIR No.42/2011 is exactly the same as FIR No.70/2017. They further submit that the closure report was filed in that earlier FIR having the same allegations. They also inform that the mutation in question has been cancelled subsequently.
3. Upon such statement made by learned Public Prosecutor along with the investigating officer, the present petition is allowed. The FIR No.70/2017 registered at Police Station Baap, Jodhpur Rural, Jodhpur along with the entire proceeding pursuant thereto is hereby quashed and set aside qua the petitioners. All pending applications stand disposed of.
AI
The court has the authority to quash an FIR if it finds that it is exactly the same as an earlier FIR and if there are subsequent developments, such as the cancellation of the mutation in question.
When dispute is essentially inter se between parties, either they are relatives; neighbours and which does not affect society High Court should exercise its inherent power to quash FIR.
A negative final report in a criminal investigation can lead to the quashing of an FIR when no evidence supports the allegations.
The court's discretion to quash an FIR under Section 482 CrPC based on the conclusion of the investigation.
A negative final report from an investigation can lead to the quashing of an FIR under Section 482 CrPC when no evidence supports the charges.
The court has the power to quash FIRs under Section 482 of the CrPC if it deems the petition to be infructuous.
The court can dispose of a petition seeking quashing of an FIR if the investigation reveals the dispute to be of civil nature and a negative final report is submitted.
The court established that criminal proceedings cannot be sustained when the underlying dispute is determined to be of a civil nature.
The main legal point established in the judgment is that the continuance of an FIR and investigation can be considered an abuse of process of law, and the court has the power to quash such proceeding....
Petitioners allowed to raise objections before trial court at the stage of framing of charges.
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