A complaint cannot be quashed unless its allegations do not prima facie constitute an offence, and political motivations behind a complaint do not suffice to invalidate it.

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing of FIR No. 05 of 2021, dated 19.01.2021, registered at Police Station Kupvi, District Shimla, H.P, for the commission of offences punishable under Section 39 (1)(a) of H.P. Excise Act, 2011 and Section 171E read with Section 34 of INDIAN PENAL CODE (in short ‘IPC’) and the consequential proceedings arising out of the FIR.

2. It has been asserted that the petitioners were falsely implicated in the FIR at the instance of the informant/respondent No. 2. The dispute involves the Panchayat election. The allegations in the FIR appear to be highly concocted and imaginary. The accused were not even present in the vehicle. The petitioners were major. They could possess two bottles each with a capacity of 750 ML each as per the prosecution. The quantity of bottles recovered from the vehicle if divided amongst 05 petitioners would be less than two bottles and no offence is made out against the petitioners. The allegations in the FIR even if accepted to be correct do not constitute the commission of an offence. Hence, it was prayed that the present petition be allowed and the FIR be ordered to be quashed.

3. The petition is opposed by filing a status report asserting that the informant made a complaint to the police stating that he was contesting the elections as a Pradhan of Gram Panchayat Dhotali. Krishan Chand informed the informant on 18.01.2021 at 09:54 pm that Virender Sharma, a rival candidate for the post of Pradhan was moving in his vehicle with his four friends and it appeared that he was distributing liquor to influence the voters. He argued with Krishan, Jagat Ram and Ravi Dutt. The vehicle was taken toward Dhotali. The informant sent Rohit, Deep Ram etc. and asked them to stop the vehicle. They attempted to stop the vehicle, however, the driver sped towards Bhalu. Krishan Chand, Ravi Dutt, Jagat Ram, Devender Govind etc. followed the vehicle. The driver stopped the vehicle at a distance of one kilometre from Dhotali. The occupants ran away from the spot. The vehicle had a carton containing Country made liquor and one mobile phone. The carton contained six bottles of country made liquor bearing the mark Sirmaur Orange and the words “for sale in Himachal Pradesh”. The police registered the FIR and seized the liquor. The police arrested the petitioners. The bottles were sent for analysis and as per the report, each bottle contained 47.56% proof alcohol. The police prepared a challan and filed it in the Court of learned Judicial Magistrate, First Class (JMFC) Chopal, which was listed for 06.03.2024 for further orders.

4. I have heard Mr Sarthak Mehta, learned counsel for the petitioners, Ms Ayushi Negi, learned Deputy Advocate General, for respondent No.1/State and M/s Anubhav Chopra & Bhairav Gupta, learned counsel for respondent No.2/informant.

5. Mr. Sarthak Mehta, learned counsel for the petitioners submitted that the petitioners are innocent and they were falsely implicated. The FIR was lodged against the petitioners due to the political vendetta. The contents of the FIR even if taken to be correct do not constitute the commission of any offence. The police recovered six bottles as per the status report. Five persons were sitting in the vehicle. Each person can po