The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petition for quashing of FIR No. 48 of 2021, dated 19^th July 2021, registered at Police Station New Shimla for the commission of offences punishable under Sections 341, 504, 506, and 509 read with section 34 of the Indian Penal Code (IPC).

2. Briefly stated, the facts giving rise to the present petition are that the informant, Poonam, made a complaint to the police asserting that petitioner Sarika and her husband Loveneesh Kumar threatened, abused and manhandled her at about 5:40 PM on 19^th July 2021, when she was returning to her home from her office. The petitioner, Sarika Devi, obstructed her path, shouted at her and did not allow her to go to her residence. When the informant tried to move further, the petitioners, Sarika and her husband pushed her to the corner of the corridor in front of Block No. 9. They asked her not to move a single step and kept her confined for 15 minutes in the corner. The informant had requested petitioner Loveneesh Kumar on the evening of 17^th July 2021, not to make his pet dog litter in the courtyard as her children play in the Courtyard. The petitioner Loveneesh Kumar shouted and said that his dog would only litter in the courtyard and she could do whatever she wanted. He also threatened to unleash his dog after the informant’s children in case they played in the courtyard. He said that many cases were registered against him and nothing would happen to him. The police registered the FIR, conducted the investigation and filed a chargesheet before the court after the completion of the investigation.

3. Being aggrieved by the registration of the FIR and filing of the chargesheet, the petitioners have filed the present petition for quashing the FIR and the consequential proceedings arising out of the FIR. It has been asserted that the informant is working as Assistant Commissioner to Deputy Commissioner Shimla. She is the neighbour of the petitioners. She made a complaint on 19^th July 2021 to Municipal Corporation Shimla alleging that petitioner No. 2 Loveneesh Kumar had threatened and abused her children. She had also complained about obstruction of the courtyard in front of Block no. 8 & 9. Commissioner Shimla issued a show cause notice to petitioner no. 2 on 27^th July 2021 stating that petitioner No. 2 Loveneesh Kumar had erected an iron frame structure for flower pots between the area of Block no. 8 & 9 without permission from competent Authority. The petitioners assailed the order before learned Additional District Judge (II) Shimla who set it aside on 31^st October 2021. The informant had registered a false FIR against the petitioners. Petitioners had planted a few plants and flowers in front of their house and kept a pet dog. The informant uprooted the flowers and beat the dog with a stick. The petitioners objected to the informant’s action. She called the police and the office of the Municipal Corporation, Shimla to take action against the petitioners. She also registered the FIR No. 48 of 2021, which is an abuse of the process of the Court. The Investigating Officer did not act fairly and transparently. A small altercation between two neighbours was changed into a criminal case to harass petitioners. The allegations in the FIR do not constitute any offence against the petitioners. There are contradictions in the statements of the witnesses. The neighbours made statements before the Superintendent of Police Shimla and did not disclose the informant’s manhandling. The criminal proceedings are actuated by mala fides. Therefore, it was prayed that the present petition be allowed and the FIR and consequential proceedings arising out of the FIR be quashed.

4. The petition is opposed by filing a reply and making a preliminary submission regarding the lack of maintainability. The contents of the petition were denied on merits. However, it was admitted that an FIR No. 48 of 2021 was registered at the instance of the informant. The stat