Inherent powers under Section 482 Cr.P.C. allow quashing of FIRs lacking prima facie evidence of the accused committing a cognizable offense, especially when continuance would constitute an abuse of process.

JUDGMENT :

MANISHA BATRA , J. (Oral)

1. The instant petition has been filed by the petitioners under Section 482 of Cr.P.C. seeking quashing of FIR No.178 dated 07.09.2023 registered under Sections 212 and 216 of IPC at Police Station City Phagwara, District Kapurthala and the proceedings having emanated therefrom.

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a complaint lodged by Inspector Jarnail Singh posted at CIA Staff, Kapurthala alleging that on 07.09.2023, he had gone to the house of Harish Kanda son of the petitioner No.1 for executing warrant issued by the Court of Chief Judicial Magistrate, Kapurthala in a petition bearing No.931 of 2023 titled as Pooja Kanda v. Harish Kanda. On reaching there, the petitioners met the complainant and were apprised about the order passed by the Court. They were asked to produce Harish Kanda in the concerned Court in pursuance of the warrants. The petitioners, however, represented that they had no knowledge about Harish Kanda nor he was at home. The complainant alleged that he had made inquiries and received a secret information that Harish Kanda quite often used to come to the house of the petitioners during odd hours and his shelter, food and other expenses were arranged by the petitioners who were fully aware about his activities. By alleging that the petitioners were harbouring Harish Kanda, he prayed for taking action against them. After registration of FIR, investigatioin proceedings were initiated. The petitioners were arrested and presently, they are on bail.Investigation now stands concluded.

3. It is argued by learned counsel for the petitioners that they have been falsely implicated in his case. Infact, there was matrimonial discord between Harish Kanda, son of petitioner No.1 and his wife Pooja Kanda who were married on 29.08.2006. Pooja Kanda had lodged an FIR No.48 dated 26.08.2012, registered under Sections 406 and 498-A of IPC at Police Station Women Cell, Jalandhar against the petitioner No.1, his wife Chanchal Kanda (since deceased) and son Harish Kanda. The petitioner No.1 faced trial in that case and was acquitted vide judgment dated 18.03.2023. He was not in contact with his son Harish Kanda who had started living separately since December 2017. The petitioner No.1 was residing alone in his hosue. The petitioner No.2, second son of petitioner No.1 was residing separately with his family. They had no knowledge about the whereabouts of Harish Kanda nor they had any concern with him since he had not been residing in the house of the petitioner No.1 from the last many years. The ingredients for commission of offences punishable under Sections 212 and 216 of IPC have not at all been attracted against them. The criminal proceedings have been initiated only to abuse the process of law. The allegations, even if accepted to be correct on the face of record, do not make out any case for commission of offences for which they have been booked and challaned. There are no chances of conviction of the accused. With these broad submissions, it is urged that the petition deserves to be allowed and the impugned FIR along with all the subsequent proceedings is liable to be quashed.

4. Status report has been filed by the respondent-State. Learned Assistant Advocate General, Punjab assisted by learned counsel for the complainant has argued that thorough and proper investigatoin was conducted on the allegations as levelled in the FIR. A prima facie case for commission of aforementioned offences has been made out. The investigation stands conclud