IMPORTANT POINT
Judicial Magistrates must apply scrutiny before directing FIR registration to prevent misuse of the criminal justice system in familial disputes.

JUDGMENT :

Arun Monga, J.

1. The case in hand illustrates the fallacious practice often followed by the Judicial Magistrates in directing police officials to register FIRs, invoking their power under section 175 of the BNSS [corresponding with section 156 of the Cr.P.C.], in a mechanical manner and without due application of judicial mind, even if the ingredients of the alleged offences are not made out. Such perfunctory approach, in turn, puts the civil liberties of the accused persons at risk, forcing them to seek bail as suspects—either anticipatory, alternatively, regular—if they have been arrested following the registration of the FIR and, if charge sheet already filed, then as an undertrial, face the harassment, humility and agony of trial in Courts.

2. Petitioners No. 1, 2 and 3 are son-in-law, daughter and grand-daughter (being the daughter of petitioners No. 1 and 2), respectively of the complainant/respondent No.2. They seek quashing of FIR No. 266 dated 27.09.2024, PS Kotegate, Bikaner registered against them for alleged offences under Sections 420/406/120B IPC and consequential proceedings.

FACTS

3. Factual narrative as per translated version of the impugned FIR is as below :-

“Today, on 27.09.2024, following complaint was received through post under Section 175 (3) (BNSS) from the learned Chief Judicial Magistrate, Bikaner, filed by complainant Smt. Kamla Devi, wife of late Shyam Sunder caste Soni, age 72 years, resident of K.G. Complex, behind Durga Mata Temple, Police Station Kotegate, Bikaner, under Sections 420, 406, 120B of the IPC.

x-x-x-x-x-x-x-x

In the court of Chief Judicial Magistrat, Bikaner.

Kamla Devi, wife of late Shyam Sunder caste Soni, age 72 years, resident of K.G. Complex, behind Durga Mata Temple, Bikaner. - Complainant

versus

1. Gordhan Lal Soni, son of RamniwasSoni, resident of ChhotiKhatu, Barla Bazaar, District Nagaur.

2. Shobha Devi, wife of Gordhan Lal Soni, resident of ChhotiKhatu, Barla Bazaar, District Nagaur.

3. Lalita Soni daughter of Gordhan Lal Soni resident of ChhotiKhatu, Badla Bazar, District Nagaur.

Accused

Complaint under section 175 (3) BNSS Section 61, 316 (2), 318 (4) BNS.

Sir,

The complaint is being presented as below :-

1. I, the complainant, Kamla Devi wife of late Shyamsundar caste Soni, age 70 years, resident behind K.G. Complex, behind Durga Mata Temple, Bikaner, am a widow. I have two sons and four daughters.

2. One of my sons Bhavani died in an accident and my daughter Shobha was married to Gordhan Lal Soni of ChhotiKhatu who is my eldest son-in-law and the family had placed trust in Shobha and her husband.

3. In the past the accused persons had defrauded me, which caused a family rift. After my husband’s demise, they sought forgiveness, seemingly to regain my trust. However, there was a big conspiracy behind their settlement i.e. their intention to usurp my property and my wealth (money, gold, silver). Same gradually became apparent to me and I got to know the real faces of these two.

4. That after the death of my husband and son Bhavani, I was left alone. Therefore, my daughter Shobha and her husband Gordhan Lal Soni used to come to meet me. After the death of my husband and son, I was under deep shock due to which I was unable to think much.

5. That my son-in-law Gordhan Lal Soni came to Bikaner on 21.01.2021 and called me and said that he wanted to buy a camera and I should bring 1 lakh rupees to him at KEM Road. I, the complainant, reached KEM Road with one lakh rupees and made the payment for the camera for Gordhan ji. Gordhan ji then gave the camera to his son Lalit and sent him to Khatu.

6. On 21.05.2021, Gordhan ji again came to my house and asked for two lakh rupees from me for his personal need. I again gave two lakh rupees to Gordhan ji. He stayed at my house that night and left with two lakh rupees in the morning on 22.05.2021.

7. That on 21.09.2021 my daughter Shobha and son-in-law Gordhan Lal Soni along with their 5-year-old grand son came to my house, then stayed here on 22