The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.

JUDGEMENT

1. Petitioner seeks quashing of the FIR no. 15/2022 for commission of the offences punishable under Section 7 of the Prevention of Corruption Act, registered in the police station Nishat in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure.

2. The case set up by the petitioner is that he was posted as SHO police station Parimpora and was transferred and posted as SHO police station Nishat on 27.01.2022. In terms of Order No. 353 of 2022 dated 26.03.2022, petitioner was attached to DPL, Srinagar. It is stated that a false and frivolous complaint was filed by respondent no. 8 against petitioner and respondent no. 7 with respondent no. 2, stating therein that he holds the contract of Tulip Garden but SHO P/S Nishat with one of the cops was asking for bribe and unnecessarily harassing him and as such, action be taken against petitioner and the cop. The complaint was forwarded to respondent no. 3 for action as warranted under law, who in turn forwarded the same to respondent no. 4, who also endorsed the complaint to respondent no.6 for his information. Respondent no. 6 registered impugned FIR no. 15/2022 against petitioner and respondent no. 7. In terms of Order No. 355 of 2022 dated 27.03.2022, petitioner was placed under suspension. Departmental enquiry was initiated against him. Deputy Superintendent of Police Hqrs, Srinagar, was directed to conduct department enquiry against petitioner.

3. Response has been filed by official respondents, wherein they have stated that on 26.03.2022, respondent no. 8, who had procured ticketing contract at Tulip Garden appeared before the office of respondent no. 2 with a written complaint alleging therein that petitioner and respondent no. 7 were compelling him to pay illegal gratification to the tune of Rs. 4.00 to Rs. 5.00 Lacs and also Rs. 5000/- on daily basis and harassed him and that complainant/respondent no.8 alleged that petitioner and respondent no. 7 were threatening him that they would divert the traffic to cause loss to his business and respondent no. 7 was compelling him to meet him with illegal gratification of Rs. 50,000/- as an interim amount. It is also averred that considering urgency and sensitivity of the matter, immediate action/cognizance was taken and a memo of cash, which complainant was going to give to respondent no. 7, was prepared and the serial numbers of currency notes were noted down in presence of two witnesses and complainant/respondent no.8 was advised to proceed to the spot where the accused respondent no. 7 had called him to meet. Near Tulip Garden, respondent no. 7 after receiving alleged illegal gratification from complainant, threw it into police vehicle which was parked near place of occurrence. SPO (Driver) Ishfaq Ahmad No. 1945/SPO, who was present inside vehicle who during course of investigation also has deposed/testified before a Magistrate that respondent no. 7 threw the money into the police vehicle after finding out that SSP, Srinagar, and his PSOs were standing nearby. The said driver has testified the fact that the moments after this, the PSOs of SSP Srinagar reached the vehicle and asked for money that respondent no. 7 had thrown into the vehicle; the serial numbers of currency notes were scrutinized and found matched with the memo and found to be the same. Accordingly impugned FIR came to be registered and investigation was set into motion. It is also stated that during course of investigation, the amount of Rs. 50,000/- was seized and seizure memo was prepared in front of witnesses a