The filing of a civil suit does not exempt a person from criminal liability, and the investigating agency must ascertain the truth of allegations in an FIR.

ORDER :

1. The present criminal misc. petition under Section 528 B.N.S.S. has been filed by the petitioner seeking quashing of F.I.R. No.72/2024 (dated 17.02.2024), registered with the Police Station Shastrinagar, District Jaipur City (North), for the offences punishable under Sections 467, 471, 474, 384 & 420 of IPC.

2. Counsel for the petitioner submits that the present impugned F.I.R. has been lodged against the present petitioner with false and fabricated facts. Counsel further submits that no offence is made out against the present petitioner from the averments made in the F.I.R. Counsel also submits that it is not an allegation by the complainant that the petitioner has prepared some forged will, however, the allegation against him is that the alleged will has been obtained by deceiving the person who executed the will. Counsel further submits that the complainant has also filed a civil suit for cancellation of the alleged will.

3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the submissions made by counsel for the petitioner.

4. Considered the submissions made at bar and also perused the averments made in the F.I.R.

5. The law as regards the quashing of an FIR has been settled in the case of State of Haryana Vs. Ch. Bhajan Lal, 1992 Supp (1) SCC 335. The relevant paras of the said judgment which are at page Nos. 305 & 306 are being reproduced as under:-

"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 extra-ordinary 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 F.I.R. 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 F.I.R. 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 Section155(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. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengence on the accused an