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2021 Supreme(Raj) 1491

RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Roshan Bihani - Appellant
Versus
Madhuri Bihani - Respondent
Criminal Miscellaneous (Petition) No. 4951 of 2019
Decided On : 05-08-2021

Advocates appeared:
Manju Singh, Advocate, S.K. Bhati, Advocate

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.

Headnote:

[QUASHING] - [FIR] - [The court addressed a petition under Section 482 CrPC to quash FIR No.449/2019 for offences under Sections 406 and 420 IPC. The investigation concluded with a negative final report, leading the court to determine that no further consideration was necessary, resulting in the dismissal of the petition as infructuous.]

Fact of the Case:

The petitioner sought to quash FIR No.449/2019 registered for offences under Sections 406 and 420 IPC at Police Station Mahamandir, Jodhpur.

Finding of the Court:

The court noted that the investigation had concluded with a negative final report submitted by the Investigating Officer, indicating no evidence to support the charges.

Issues: Whether the FIR should be quashed given the negative final report from the investigation.

Ratio Decidendi: The court concluded that since the investigation yielded no evidence, there was no basis for the FIR to remain active, thus rendering the petition for quashing as infructuous.

Result: The court disposed of the petition as infructuous and also dismissed the stay application.

JUDGMENT

Sandeep Mehta, J. - The petitioner herein has approached this Court through this misc. petition under Section 482 CrPC seeking quashing of the FIR No.449/2019 registered at the Police Station Mahamandir, Jodhpur for the offences under Sections 406 and 420 IPC

2. Learned Public Prosecutor has placed on record the IO's factual report as per which, investigation was concluded and a negative final report has been submitted in the court concerned.

3. In this view of the matter, nothing survives for consideration of this Court in this misc. petiton which is disposed of as infructuous. The stay application is also disposed of.

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