High Court can quash FIR if prosecution lacks evidence of crime, especially where actions were due to natural causes rather than negligence.

JUDGMENT :

Sandeep Sharma, J. (Oral)

1. By way of instant petition filed under Section 482 Cr.P.C., prayer has been made on behalf of petitioner for quashing of FIR No.167 of 2020, dated 03.06.2020, under Sections 336 , 337 & 427 IPC, registered at Police Station Bhunter, District Kullu, Himachal Pradesh, as well as consequential proceedings pending in the Court of learned Judicial Magistrate First Class, Court No.V, Kullu, District Kullu, Himachal Pradesh.

2. Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.3-Mr. Surender Kumar (hereafter, ‘complainant’), who in his statement recorded under Section 154 Cr.P.C. alleged that on 03.06.2020 at 04:00 p.m., while he had come from market to his house, one branch of poplar tree, standing in front of his house, fell on the lintel of his house, as a result thereof, his son, who at that relevant point of time was standing in the courtyard, suffered multiple injuries. He also alleged that on account of felling of tree, damage was also caused to water tank and staircase. He alleged that since poplar tree standing in front of the house of the accused was likely to fall, he repeatedly requested accused named in the FIR to get it removed, but despite there being permission granted by Forest Department, he neither removed the tree, nor permitted him to remove the same, as a result thereof, it fell on the lintel of his house. In the aforesaid background, FIR sought to be quashed, came to be instituted against the petitioner under Sections 336 , 337 & 427 IPC.

3. After completion of investigation, Police has already presented Challan in the competent Court of law, but before same could be taken to its logical end, petitioner has approached this Court in the instant proceedings, praying therein to quash the FIR, as well as consequential proceedings pending in the competent Court of law, on the ground that no case much less under Sections 336 , 337 & 427 IPC is made out against the petitioner.

4. Pursuant to the notices issued in the instant proceedings, private-respondent No.3 has filed reply, whereas, despite repeated opportunities, no reply has been filed on behalf of respondent/State, but status report, detailing therein facts leading to lodging of FIR has been filed.

5. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ajay Sharma, learned Senior Counsel, assisted by Ms. Kavita Kajal, Advocate, representing the petitioner is that no case much less under Sections 336 , 337 & 427 IPC is made out against the petitioner and as such, prosecution launched against the petitioner is likely to fail in all probabilities. While making this Court peruse contents of FIR, learned Senior Counsel submitted that on the alleged date of incident, branch of poplar tree fell on the lintel of the house of the complainant on account of heavy storm and there was no hand, if any, of petitioner and his family members in breaking of the branch of the tree in question. Mr. Sharma, learned Senior Counsel, stated that though material available on record suggest that permission was granted to the complainant by the Forest Department for removal of the tree, which could be danger to his life and property, but yet, he took no steps to get the tree removed. Mr. Sharma, learned Senior Counsel, further stated that though there is no material adduced on record, suggestive of the fact that poplar tree standing in the mid of house of petitioner and complainant was likely to be uprooted, but even if it is presumed that same was in danger condition, no criminal case, much less under aforesaid provisions of law, could have been registered against the petitioner for the reason that on the date of alleged incident, one branch of poplar tree fell on the lintel of the complainant on account of heavy storm, if it is so, alleged incident can be said to have been happ