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2023 Supreme(Online)(RAJ) 3034
HIGH COURT OF RAJASTHAN - HIGH COURT BENCH AT JAIPUR
SHAKTI SINGH BHATI SON OF SHRI SURENDRA SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 11021/2022
An FIR cannot be quashed merely because of a delay in filing or allegations arising from a money dispute, unless the allegations are frivolous or vexatious.
Headnote:
CRIMINAL PROCEDURE CODE - QUASHING OF FIR - DELAYED FIR - MONEY DISPUTE - INHERENT JURISDICTION
Fact of the Case:
The petitioner sought to quash an FIR registered against him for offenses under Sections 420, 406, and 120B IPC, alleging that the incident occurred in July 2020 but the FIR was lodged in August 2022, and that it was a result of a money dispute between the petitioner and the complainant.
Finding of the Court:
The court held that the allegations made in the FIR were subject matter of investigation and could not be quashed under the inherent jurisdiction of the court under Section 482 Cr.P.C.
Issues: Whether the FIR should be quashed due to delay in filing and allegations arising from a money dispute.
Ratio Decidendi: The court relied on the principle that allegations made in an FIR require investigation and cannot be quashed at the initial stage unless they are frivolous or vexatious.
Final Decision: The petition was dismissed, and the petitioner was advised to file a representation before the Investigating Officer, who would consider it in accordance with law.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 11021/2022
Shakti Singh Bhati Son Of Shri Surendra Singh, R/o Jagdish
Vihar Colony, Jagatpura, Jaipur City East, Rajasthan.
----Petitioner
Versus
1.
State Of Rajasthan, Through Public Prosecutor.
2.
Sashi Prabha D/o Narayan Singh, R/o Gadi Sawairam,
Raini, District Alwar Rajasthan.
----Respondents
For Petitioner(s)
:
Mr. Rishiraj Singh Rathore
For Respondent(s)
:
Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
02/01/2023
Instant petition under Section 482 Cr.P.C. has been filed
by the petitioner for quashing for FIR No.205/2022 registered with
Police Station Raini District Alwar for the offences under Section
420, 406, 120B IPC.
Counsel for the petitioner submits that the alleged
incident occurred in the month of July, 2020. A delayed report has
been lodged in the month of August, 2022. Counsel submits that
the complainant and petitioner are in relation and because of
money dispute between the parties, instant FIR has been lodged
with vague allegations, which is liable to be quashed by this Court.
Per contra, learned Public Prosecutor opposed the
arguments raised by the counsel for the petitioner and submitted
that the allegations made in the FIR reveals commission of
cognizable offence which is required to be investigated by the
(2 of 2)
[CRLMP-11021/2022]
Investigating Agency. Hence, interference of this Court is not
warranted.
Having regard to the facts and circumstances of this
case, this Court is of the view that the allegations made in the FIR
are subject matter of investigation. The same cannot be quashed
under the inherent jurisdiction of this Court under Section 482
Cr.P.C.
The petitioner may file a representation before the
Investigating Officer who shall consider the same in accordance
with law.
In case, the Investigating Officer come to the
conclusion that a cognizable offence is made out against the
petitioner, he shall issue notice to the petitioner as required under
Section 41(A) Cr.P.C.
In view of above, the criminal misc. petition stands
disposed of. So also, stay application also stands disposed of.
(ANOOP KUMAR DHAND),J
KuD/77
