The Himachal Pradesh High Court dismissed a petition, filed under Section 482 of Cr.P.C. for quashing of F.I.R. dated 07.03.2020, for the commission of offences punishable under Sections 341& 323 read with Section 34 of IPC and consequent proceedings arising out of the same. The Court observed that the proceedings can be quashed if on the face of the complaint and the papers accompanying the same no offence is constituted. It is not permissible to add or subtract anything.
Brief Facts:
It has been asserted that petitioners are performing their duties with sincerity, honesty, and devotion. No complaint was ever made against their work and conduct. Respondent No.4 is a quarrelsome person and his behaviour towards his colleagues and other staff members has not been good. The School Management Committee also passed a resolution dated 30.05.2019 against respondent No.4. Respondent No.4 tried to enter the examination hall with a mobile phone. When the Assistant Coordinator tried to stop him, respondent No.4 manhandled him. An F.I.R. was registered for the commission of offences punishable under Sections 341 and 323 read with section 34 of IPC.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the F.I.R. was lodged based on false facts. The continuation of the proceedings amounts to the abuse of the process of the Court. Therefore, it was prayed that the present petition be allowed and the F.I.R. be quashed.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the police conducted the investigation fairly and prepared the challan against the petitioners, which is pending disposal. The allegations in the F.I.R. clearly show the commission of the cognizable offense. Hence, he prayed that the present petition be dismissed.
Observations of the Court:
The Court noted that power under Section 482 of Cr.P.C. can be exercised to prevent the abuse of process or secure the ends of justice. The Court can quash the F.I.R. if the allegations do not constitute an offense or make out a case against the accused. However, it is not permissible for it to conduct a mini-trial to arrive at such findings. It was submitted that the police had conducted the investigations and presented the challan. Hence, this court should not exercise its jurisdiction under section 482 of Cr.P.C.
The Court observed that this submission is not acceptable. The High Court will continue to exercise the power even if the charge sheet has been filed. The Court remarked that the proceedings can be quashed if on the face of the complaint and the papers accompanying the same no offence is constituted. It is not permissible to add or subtract anything.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that the petitioners had no authority to give beatings to Respondent No. 4, and therefore, the act of the petitioners cannot be justified by the averments made in the petition.
Case Title: Sanjay Kumar & Anr. v State of H.P. & Ors.
Coram: Hon’ble Justice Rakesh Kainthala
Case no.: Cr. MMO No. 114 of 2021
Advocate for the Petitioner: Mr. Naresh K. Sharma
Advocate for the Respondents: Mr. Jitender Sharma
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