ORDER

1. Present petition under section 482 of CrPC has been filed by petitioners for quashment of FIR bearing Crime No.137/2020, registered at Police Station Shadora, Ashok Nagar for offences under sections 452, 294, 323, 506, 34, added section 324 IPC as well as charge sheet and other consequential criminal proceedings initiated against petitioners.

2. Facts giving rise to present petition, in short, are that the complainant/respondent No.2 along with her mother-in-law, father-in-law and Jethani submitted an oral complaint before Police Station Shadora, Ashok Nagar alleging that on the date of incident i.e. 2.7.2020 at about 08:30 pm, when she was alone in her home, all petitioners came along with deadly weapons and lathi and started beating complainant and abused her and also threatened her to kill. On seeing her father-in-law, all accused persons fled away from spot. On the basis of said complaint, FIR has been lodged against petitioners. After recording statements of witnesses and other formalities, the police filed charge sheet before competent Court for the aforesaid sections as mentioned in paragraph No.1of this order against petitioners. Hence, this petition.

3. It is submitted by learned counsel for the petitioners that there is no direct or indirect evidence available against petitioners for commission of the alleged offence. A false and concocted FIR has been lodged. No free and fair investigation was conducted by police in the matter and investigation is completely shaky. It is submitted that a preliminary enquiry should have been conducted by police into the allegations made against petitioners, but without conducting it, FIR has been lodged, therefore, the FIR in question is bad and vitiated. Only omnibus allegations have been made against petitioners. It is further submitted that initially, an FIR was lodged by mother of applicants' Kapoor Bai and in order to take revenge, present FIR has been registered by police falsely as police authority of the police station concerned was punished with fine of Rs.10,000/- on the complaint made by applicants' mother, therefore, prosecution launched against petitioners is an abuse of process of Court. From perusal of FIR, it appears that there is mala fide intention of complainant in order to create pressure over petitioners and to take a revenge. In support of contention, petitioners have relied upon the judgment passed by Hon'ble apex Court in the matter of Lalita Kumari v. Government of U.P. & Ors. reported in (2014) 2 SCC 1. Hence, it is prayed that the FIR as well as charge sheet & other subsequent criminal proceedings deserves to be quashed and petition deserves to be allowed.

4. Per contra, the petition is opposed by State Counsel as well as counsel for respondent No.2. It is submitted that in FIR, it has been specifically alleged against petitioners that they had committed house-trespass having made preparation for causing hurt/injury to complainant and thus, it cannot be said that no offence is made out against them. Hence, prayed for dismissal of petition.

5. Heard learned counsel for the parties at length and perused documents available on record.

6. Before considering the matter on merits, this Court would like to consider scope of interference u/s. 482 of CrPC.

7. In the matter of Teeja Devi v. State of Rajasthan reported in (2014) 15 SCC 221, the Hon'ble Supreme Court has held as under:-

''5.….....ordinarily power under section 482 CrPC should not be used to quash an FIR because that amounts to interfering with the statutory power of the police to investigate a cognizable offence in accordance with the provisions of CrPC. As per law settled by a catena of judgments, if the allegations made in the FIR prima facie disclose a cognizable offence, interference with the investigation is not proper and it can be done only in the rarest of rare cases where the Court is satisfied that the prosecution is malicious and vexatious.''

(Emphasis supplied)

8. The Hon'ble a