The court emphasized that the power to quash an FIR should be exercised sparingly and only in exceptional cases where non-interference would result in a miscarriage of justice.

JUDGMENT :

Sanjaya Kumar Mishra, J.

1. Heard learned counsel for the parties.

2. By filing this writ petition (criminal), the petitioner has prayed for issuance of a writ of Certiorari quashing the FIR Case Crime No. 137 of 2022 under Section 323, 427, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code” for brevity) P.S. Khatima, District Udham Singh Nagar dated 05.06.2022. It is brought to our notice that at the time of argument of the case on merits by the learned Deputy Advocate General that in the meantime, the offences under Section 307 and 341 of the Code have been added and there is every possibility of adding the offence under the provisions of the Arms Act, 1959 perhaps after the custodial interrogation.

3. The complainant lodged an FIR stating there in that there is dispute between him and the petitioner. On 04.06.2022 at about 10:00 pm when he was returning home in his Alto car, on the road, he was obstructed by the petitioner and he was assaulted and the car was damaged, then he fired at him/complainant but he ran through agricultural fields, because of darkness, the petitioner could not commit murder of the complainant. On such report, the FIR as stated above, has been registered.

4. At this stage, the learned counsel for the petitioner would argue that the complainant has filed a false FIR against the petitioner because of the dispute between them regarding payment of money with respect to the property. He has also relied upon an FIR lodged by the police against the complainant regarding initiation of a false criminal case against another person by tempering with the evidence.

5. We have carefully examined the records as well as the submissions made by the counsel appearing for the parties. It is not disputed at this stage that an FIR has been made by the complainant and his statement under Section 161 of the Code of Criminal Procedure, 1973 has been recorded by the Investigating Officer, wherein he has specifically implicated the petitioner and has stated that he was assaulted, his car was damaged and was fired at. There appears to be certain lack of details like description of the weapon of offence through which the alleged shot was fired at the complainant but it is apparent that shot was fired, from a fire arm at the complainant.

6. At this stage, in fact, the learned Deputy Advocate General on instructions would submit that in course of investigation, the Investigating Officer found the car of the complainant to be damaged and that he seized two empty cartridges from the spot. Of course, the investigation has not concluded as yet. The petitioner has neither been arrested nor he has appeared before the Investigating Officer.

7. The learned counsel for the petitioner would rely upon the reported case of “M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others (2021) SCC Online SC 315” wherein the Hon’ble Supreme Court has issued direction regarding disposal of application under Section 482 of the Code and also application filed under Article 226 of the Constitution of India. To take note, few of the observations which are applicable to this case, this Court is aware that the police have a statutory right and duty under the relevant provisions of Chapter XIV of the Code to investigate into a case of cognizable offence. It is further held that it is only in cases, where non-cognizable offence or offence of any kind in the First Information Report, the Court will not permit an investigation to go on. Further, while examining an FIR, quashing of which is sought, the Court cannot embark upon an inquiry as to reality or genuineness or otherwise, the allegations made in the FIR of the complainant. Quashing of complaint/FIR should be an exception rather than a rule. However, at the same time, the Court if thinks fit regard being held to the parameters of quashing and self-restrain before by law, more particularly with parameters laid down by the Hon’ble Supreme Court in the cas