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2022 Supreme(P&H) 19

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Gurmail Singh – Appellant
Versus
State of Punjab and another – Respondents
CRM-M-45411-2021
Decided On : 07-01-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr.Preetinder Singh Ahluwalia, Advocate
For the Respondent:Mr. Sukhbeer Singh, AAG, Punjab., Mr. Mohit Sadana, Advocate

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR under Sections 384, 511, and 506 IPC quashed for being an abuse of process - Allegations of extortion and threats deemed vague and without substantial proof - Conflicting earlier judicial decisions regarding the complainant’s innocence not disclosed, indicating suppression of facts - High Court's inherent power invoked to prevent abuse of justice. (Paras 3, 4, 28-36, 46)

(B) Jurisdiction of Courts under Section 482 - Courts may quash FIRs that lack sufficient legal ground, particularly where allegations are vague, malafide, or based on false pretenses. (Paras 6, 10, 12, 46)

Table of Content
1. filing of petition to quash fir. (Para 1 , 2 , 3)
2. legal arguments supporting quashing fir. (Para 4 , 5 , 6)
3. judicial observations on complaint history. (Para 7 , 8 , 9)
4. observations on concealment of facts. (Para 10 , 11 , 12 , 13)
5. legal standards for exercising section 482. (Para 14 , 15 , 16 , 17 , 18)
6. significance of judicial history in fir context. (Para 19 , 20 , 21 , 22)
7. analysis of criminal intimidation elements. (Para 23 , 24 , 25 , 26 , 27)
8. arguments against the charges of extortion. (Para 28 , 29 , 30 , 31)
9. final observations before judgment. (Para 32 , 33 , 34 , 35 , 36)
10. conclusion and rationale for quashing fir. (Para 37 , 38 , 39 , 40 , 41)
11. judgment to quash the fir. (Para 46)

JUDGMENT :

Vikas Bahl, J.

1. This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.236 dated 15.09.2021 (Annexure P-1), under Sections 384 , 511 and 506 IPC, registered at Police Station Lehra,

2. District Sangrur along with all consequential proceedings emanating therefrom.

3. The FIR in the present case has been registered on 15.09.2021, on the statement of respondent No.2 Jagdeep Singh/complainant, as per which, the occurrence has been stated to have taken place during the period starting from 10.10.2019 to 15.09.2021. In his statement, the complainant has alleged that the petitioner was having enmity against father of the complainant since 2008 and the petitioner in connivance with his accomplices, had got registered a false rape case against the complainant in the year 2019, so that he could blackmail the complainant and could take Rs.14 lakhs from the complainant and could take revenge on account of his enmity and in the said FIR, the SHO and Superintendent of Police had declared the complainant innocent. It is further alleged that as per the enquiry report of the police officials, the petitioner got the said false case registered against the complainant for taking Rs.14 lakhs from the complainant. It is further alleged that in the year 2020, Gurjit Singh had told the complainant that one girl ‘S’ (name withheld) was demanding money by blackmailing the said Gurjit Singh and the complainant being an advocate, advised Gurjit Singh to get a case registered against the said girl ‘S’ and as per the advice given by the complainant, the said Gurjit Singh got a case registered under Section 3 84 IPC against ‘S’ and it was the petitioner who helped ‘S’ in getting bail and then provoked ‘S’ to register a false case against the complainant, but said ‘S’ refused to do so and got registered the rape case i.e. case 307/2020, only against Gurjit Singh, which was subsequently cancelled as the same was found to be false. It is further alleged that now, the petitioner, in connivance with wrong persons, is demanding Rs.14 lakhs from the complainant and has threatened that in case, the said amount is not paid, then a false rape case will again be registered against the complainant. On the basis of the said complaint and allegations, the present FIR under Sections 3 84 , 511 and 506 IPC has been registered.

4. Learned counsel for the petitioner has submitted that the registration of the present FIR is a complete abuse of the process of the Court. It is submitted that the FIR in question can be divided into two parts. The first part pertaining to the allegations with respect to the rape case filed in the year 2019 by ‘R’ (name withheld) against Gupreet Singh @ Goldy, Jagdeep Singh son of Najar Singh and Respondent No.2/Complainant and in the second part, the allegations pertain to the year 2020 involving Gurjit Singh and the second girl ‘S’ (name withheld) as per which, the Petitioner in connivance with other persons had been demanding Rs. 14 lakhs from Respondent No.2/complainant failing which, the petitioner would get another false case registered against respondent no.2/complainant. It is argued that even a perusal of the FIR would show that the period during which the alleged offences have bee

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