JUDGMENT :

MANOJ KUMAR GARG, J.

The petitioners have preferred this petition under Section 482 of Cr. P.C. for quashing the FIR No. 163/2022 registered at Police Station Sumerpur, District Pali for the offence under Sections 420 , 467, 468, 471, 447, 427, 379 and 120-B of IPC as well as entire proceedings/investigation as carried out thereunder against the petitioners.

2. Learned counsel for the petitioners submits that earlier the petitioners has filed petition being S.B. Criminal Misc. Petition No. 3171/2022 before this Court, which was decided vide order dated 17.02.2023 with the direction to file the representation before the concerned Superintendent of Police as well as Investigating Officer. Counsel submits that in pursuance to the order dated 17.02.2023, the petitioners already submit the representation with the documents, but no heed was paid by the Police till date. In these circumstances it is prayed that, since the FIR lodged against the petitioners is frivolous, it may be quashed.

3. Learned Public Prosecutor and counsel for the respondent No. 2 vehementally opposed the prayer made by the counsel for the petitioners and submit that it is well settled legal 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 offence under Sections 420 , 467, 468, 471, 447, 427, 379 and 120-B of IPC. Since the investigation is going on, therefore, the misc. petition may kindly be rejected.

4. I have considered the arguments and perused the FIR and carefully gone through the record.

5. The representation submitted by the petitioners had already been considered by the concerned Superintendent of Police as well as Investigating Officer and the offences have found proved against the petitioners and one of the accused-petitioner No. 1 Kiran Kumar Malviya has already been arrested in this FIR. 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 v. Choudhary Bhajanlal , 1992 Supp (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 cogniza