Behror, Rajasthan. vs State Of Rajasthan, Through Public Prosecutor.

Judgment

2. State Of Rajasthan, Through Public Prosecutor. Surendra Son Of Jaisingh, Aged About 57 Years, Resident Of Nangal Teju Shahpur, Bawal, Rewari, Haryana. ----Respondents For Petitioner(s)

: Mr. Prakash Jha on behalf of Mr. Ashvin Garg For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA 05/02/2025 Order

1. This petition has been filed by the petitioners with a prayer to quash and set aside the FIR No.244/2024 registered at Police Station Neemrana, District Kotputli-Behror for the offences punishable under Sections 420 & 406 of IPC.

2. Learned counsel for the petitioners submits that the alleged FIR has been lodged against the petitioners with false and fabricated facts. Counsel further submits that alleged agreement is of 06.11.2023 whereas the FIR has been lodged after a delay of about six months i.e. on 11.05.2024. Counsel further submits that the missing persons report was lodged on 10.11.2023 as regards the petitioner No.1 who was missing but the Police has not taken [2025:RJ-JP:5042] (2 of 4) [CRLMP-8438/2024] any action on the said report. Counsel also submits that there is allegation in the FIR that the amount of agreement of Rs.10,40,000/- was given as cash whereas the said allegation is totally false. Counsel further submits that the cheque amounting to Rs.1,00,000/- was given to the petitioner No.1 for the work done by him at temple.

3. Learned Public Prosecutor opposed the prayer made by counsel for the petitioner and submits that the correctness of the facts as averred in the FIR can be ascertained after thorough investigation in the matter.

4. Considered the submissions made at bar so also the averments made in the FIR and other relevant material placed on record.

5. The law as regards the quashing of FIR has already been settled by the Hon’ble Apex Court in the case of State of Haryana Vs. Bhajan Lal [1992 Supp (1) Supreme Court Cases 335].

6. The Hon’ble Apex court in the case of State of Haryana Vs. Bhajan Lal (supra) has observed as under: “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 48 482 of the Code which 482 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. [2025:RJ-JP:5042] (3 of 4) [CRLMP-8438/2024] (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 accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or com-plaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an [2025:RJ-JP:5042] (4 of 4) [CRLMP-8438/2024] arbitrary jurisdiction on the court to act according to its whim or caprice.”

7. On perusal of the averments made in the FIR, it cannot be said that no offence constitutes from the facts narrated in the FIR.

8. The facts averred in the FIR requires detailed investigation and its only the Investigating Agency who can find out the truth. Hence, this Court has no maxim provided under the law to investigate into the facts alleged in the FIR.

9. Counsel for the petitioner has failed to point out the grounds in light of the law settled by the Hon’ble Apex Court in case of State of Haryana Vs. Bhajan Lal (supra) so as to quash the FIR in the present case.

10. This court finds no ground to interfere in the matter.

11. Accordingly, this criminal misc. petition is dismissed. Pending application, if any, also stands dismissed. Satyendra/103 (GANESH RAM MEENA),J