Point of law : When the information is lodged at the police station and an offence is registered then the mala fides of the third party would be of secondary importance.

JUDGMENT :

1. Heard learned Counsel for the applicants and learned A.G.A for the State.

2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet dated 12.6.2020 in Case No.591 of 2020 (State Vs. Lata Devi and another) arising out of Case Crime No.55 of 2020 under Sections 306, 109, 511 IPC, P.S. Mahila Thana, District Aligarh as well as cognizance order dated 20.7.2020 passed by Additional Chief Judicial Magistrate-VII, Aligarh.

3. The learned counsel for the applicants submits that the first information report against the applicants has been lodged under Section 306, 109, 511 I.P.C. on account of the fact that the applicant no.2 had earlier lodged a first information report dated 7th May, 2020 against one Ajeet and Vijay Kumar. However, no action was been taken and as such on 6th June, 2020 the applicants went to the office of the Senior Superintendent of Police, Aligarh where it is alleged that the applicant no.2 has abetted the applicant no.1 to commit suicide and on the basis thereof, the applicant no.2 took kerosene oil and was attempting to commit suicide when the Constable Vineeta intervened and by force avoided the unhappy situation and on inquiry, it is revealed that the aforesaid two persons are the applicants, who have been forcing the office of Senior Superintendent of Police, Aligarh to complete the investigation in the earlier first information report.

4. Learned counsel for the applicant stated that the applicant had gone to the office of the Senior Superintendent of Police for redressal of grievance and the offence as alleged in the first information report has never happened and the false FIR has been lodged against the applicants.

5. After investigation, a charge sheet has been submitted under Section 173 Cr.P.C. by the police authorities against the applicants.

6. It is observed that in respect of quashing of the criminal proceedings, the allegation in the first information report are to be given primacy and the material collected during investigation is to be seen at the realm of trial.

7. In R.P. Kapur v. State of Punjab, AIR 1960 SC 866, the Hon'ble Apex Court had summarised some of the categories of cases where the inherent power under section 482 of the Code could be exercised by the High Court to quash criminal proceedings against the accused. These are:-

"(i) where it manifestly appears that there is a legal bar against the institution or continuance of the proceedings e.g. want of sanction;

(ii) where the allegations in the first information report or the complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."

8. In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426 wherein the Hon'ble apex court has held as follows :-

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accus