The mandatory provision of Section 210 CrPC requires the Magistrate to consider cancellation reports before proceeding with a complaint case, and failure to do so vitiates the proceedings.

JUDGMENT :

Aman Chaudhary, J.

1. The prayer in the present petition filed under Section 482 CrPC is for quashing of complaint No.90 dated 18.08.2012, Annexure P-3 and all subsequent proceedings arising therefrom including the charge-sheet dated 04.10.2016, Annexure P-11, the order dated 03.07.2017, Annexure P-14, passed by learned Additional Sessions Judge, Patiala, dismissing the revision filed against the order dated 04.10.2016, Annexure P-10, whereby the trial Court charge-sheeted the petitioners and also order dated 22.09.2016, Annexure P-9, vide which their application filed under Section 311 CrPC was dismissed.

2. Learned counsel for the petitioners would submit that both the parties are in close relation, complainant is married to Jagdish Singh, brother of petitioner No.3, whose wife is petitioner No.2 and petitioner No.1 is their son, who was a minor at the time of alleged offence. The complainant and her family as well as the petitioners are residing in adjoining houses, which is a joint property devolved upon them from their father, Shri Kishan Dass (since deceased). An FIR No.71 dated 04.08.2012, under Sections 325, 323, 451 and 34 IPC, registered by the complainant-respondent No.2 against the petitioners, was investigated thrice over and each time cancellation was recommended and finally accepted by the Magistrate vide order dated 18.04.2017, Annexure P-2. However, complainant-respondent No.2 had, fourteen days after the lodging of the FIR filed a criminal complaint, wherein the petitioners were summoned vide order dated 27.10.2014 to face the trial under Sections 325, 452, 323, 506 and 34 IPC. The prime submission advanced by the learned counsel is that the learned Magistrate before issuing the process, had not taken into consideration the cancellation reports submitted in the case, as required by the mandatory provision of Section 210 CrPC, violation of which as per the judgments in the cases of Kuldip Raj Mahajan vs. Hukam Chand, 2007 SCC OnLine P&H 1251 and Savera Sidhu vs. Harleen Sidhu and another, 2010 SCC OnLine P&H 10659 vitiates the proceedings. Moreso, the application filed by the petitioners under Section 311 CrPC for placing on record the said cancellation report, was dismissed by the trial Court being not maintainable and a revision filed against the same also met the same fate.

3. On the other hand, learned counsel for the respondents would submit that the trial Court has rightly passed the summoning order, which was affirmed by the revisional Court and the orders assailed are legal and valid. Thus, it is prayed that the present petition be dismissed.

4. Heard the learned counsel for the parties and perused the case file.

5. The core issue of the instant case revolves around Section 210 CrPC, which reads thus:

“210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under Section 173 and on such report cognizance of any offence to taken by the Magistrate against any person who an accused in the complaint case, the Magistrate shall inquire together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him in