The exercise of extraordinary powers under Section 482 of the Code is justified when an FIR lacks essential elements of an offence.

ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners prayed for quashing and setting aside proceedings of Criminal Case No.239 of 2012 filed by the respondent No.2 pending before the learned JMFC, Fatepura for the offences punishable u/s 406, 420, 352, 504, 506(2), 114 of the IPC.

2. Seeking quashment of the impugned private complaint, learned advocate for the petitioners would submit that plain reading of the private complaint does not disclose ingredients of offences punishable u/s 504 and 506(2) of the IPC. He would further submit that in para 3 of the private complaint, allegation of passing threat is made, which is attracting ingredients of offences punishable u/s 504 and 506(2) of the IPC. He would further submit that apart from this submission, the complainant claims that he has hired labourer and was promised to pay 25% of the total profit, settled the issue with the petitioner and executed one MOU and said that there is no outstanding remains now. He would further submit that prior to lodging of the private complaint, labour case was lodged with the Labour Court and the same has been disposed of by the Labour Court in favour of the petitioners. He would further submit that filing of the private complaint is malicious proceedings. Upon such submission, he prays to allow this petition.

3. Per contra, learned advocate for the complainant would submit that the complainant has levelled allegation that threat was passed upon the complainant and therefore, essential ingredients of sections 504 and 506(2) of the IPC are made out and hence, such issue cannot be decided at this juncture and can be decided during trial. Upon such submission, he prays to dismiss the petition.

4. Learned APP joining the hands of learned advocate for the complainant requests to dismiss the petition.

5. Heard learned advocates for the respective parties.

6. At the outset, let refer section 503 and 504 and 506 of the IPC.

“503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

506. Punishment for criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc. —and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1 [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fi