Rajasthan High Court - Jodhpur

Jagdish Chandra Moondra vs State Of Rajasthan on 17 January, 2023

Bench: Manoj Kumar Garg

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 196/2023

1. Jagdish Chandra Moondra S/o Ramjas Moondra, Aged About 55 Years, R/o 1-C-21, R.c. Vyas Colony, Bhilwara, Rajasthan 311001.

2. Smt. Kaushaliya Devi W/o Jadish Chandra Moondra, Aged About 52 Years, R/o 1-C-21, R.c. Vyas Colony, Bhilwara, Rajasthan 311001.

3. Parth Moondra S/o Jagdish Chandra Moondra, Aged About 25 Years, R/o 1-C-21, R.c. Vyas Colony, Bhilwara, Rajasthan 311001. And Currently R/o China Since 17-11- 2022 For Education.

4. Mahesh Kumar Moondra S/o Ramjas Moondra, Aged About 51 Years, 297, Sadar Bazar, Peeploond, Bhilwara, Rajasthan 311203.

5. Vishal Mandowara S/o Suresh Mandowara, Aged About 34 Years, R/o 231, W.no. 13, Near Radha Krishna Mandir, Neemach Road, Jawad, Neemach, Mp 458226.

6. Ghanshyam Lal Gour S/o Sukh Dev Gour, Aged About 53 Years, 59, Devji Thada, Peeploond, Bhilwara, Raj. 311203.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Sho Jhajpur Police Station, Dist. Bhilwara.

3. S.p., Dist. Bhilwara.

4. Ashok Tak S/o Radhey Shyam Tak, Peeploond, Jahajpur, Dist. Bhilwara, Raj.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Gajendra Panwar
For Respondent(s)           :     Mr. Gaurav Singh, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                       Order

17/01/2023



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Instant misc. petition has been filed by the petitioner for

quashing of FIR No. 11/2023 registered at Police Station Jahajpur,

District Bhilwara for offence under Section 306 IPC.

Counsel for the petitioner submits that the petitioners have

been falsely implicated in this case. It is argued that after

marriage of their daughter/sister, the petitioners had not

communication with the deceased or the complainant and the FIR

is based on false and concocted story. It is submitted that the

petitioner never made any contract with the deceased. On the

contrary, the deceased used to call the present petitioners and

threaten them and petitioner no.1 and 2 filed a written complaint

before the Subash Nagar Police station. It is also argued that

petitioner no.3 is a medical student and is pursuing his studies in

China and the petitioners No.4 to 6 are the distant relatives of the

deceased and were not even present on the date of incident. Thus,

the complainant only with a view to harass and pressurize the

petitioners, filed the present FIR. Therefore, it is prayed that the

FIR No. 11/2023 may be quashed.Learned counsel for the

petitioner placed reliance on the judgment of Hon'ble Apex Court

in the case of Mariano Anto Bruno Vs. The Inspector of Police

reported in 2022 Live Law (SC) 834 and Geo Varghese Vs. State

of Raj. & Anr. reported in AIR 2021 SC 4764.

Per contra, learned Public Prosecutor submits that it is well

settled legal position that inherent powers under Section 482

Cr.P.C. can be exercised only in exceptional cases when the Court

finds that from the allegation made in the FIR/complaint even

prima facie no offence is made out against the accused but in the

present case from the evidence collected during investigation and

more particularly on consideration of the suicide-note, it cannot be

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said that no case is made out against the petitioners for offence

under Section 306 IPC. According to the learned Public Prosecutor,

in the suicide-note it has been clearly alleged that for the incident

occurred, the petitioners were responsible and they were

continuously blackmailing the deceased and, therefore, he had no

other alternative other than to commit suicide. It was also

submitted that opportunity is to be afforded to the prosecution to

prove its case and it is not proper to be quashed at the initial

stage.

I have considered the rival arguments and carefully gone

through the FIR and material on record.

The police has recovered suicide note from the deceased in

which definite allegations have been levelled against the present

petitioners for harassing him which are supported by the

statement of complainant and the witnesses recorded during

investigation. Thus, upon perusal of FIR, specific allegation has

been levelled against the present petitioners, therefore, at the

stage of investigation, no case for quashing of FIR is made out in

this case. It is also relevant to mention that the investigation is

yet to be completed and chargesheet, if any, is yet to be filed,

therefore, this Court cannot enter into the question whether the

petitioners had the requisite intention to aid or instigate or abet

the commission of suicide.

Hon'ble Supreme Court in the case of State of Haryana &

Ors. Vs. Choudhary Bhajanlal & Ors. : 1992 Suppl. (1) SCC 335],

laid down guidelines for exercising inherent powers under Section

482 Cr.P.C. to quash FIR and criminal proceedings. The Court held:

(4 of 9) [CRLMP-196/2023]

"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 482 of the Code which 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.

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 complaint 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-

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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 mala fide 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 arbitrary jurisdiction on the court to act according to its whim or caprice."

(6 of 9) [CRLMP-196/2023]

Yet again, Supreme Court, in case of Janta Dal Vs. H.S.

Choudhary : (1992) 4 SCC 305], while relying on Choudhary

Bhajanlal's case (supra), held:

"This inherent power conferred by Section 482 of the Code should not be exercised to stifle a legitimate prosecution. The High Court being the highest Court of a State should normally refrain from giving a premature decision in a case wherein the entire facts are extremely incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved whether factual or legal are of great magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to the cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceedings at any stage. This Court in State of Haryana v. Ch. Bhajan Lal and Ors., to which both of us were parties have dealt with this question at length and enunciated the law listing out the circumstances under which the High Court can exercise its jurisdiction in quashing proceedings. We do not, therefore, think it necessary in the present case to extensively deal with the import and intendment of the powers under Sections 397, 401 and 482 of the Code."

In another decision in the case of Pratibha Vs. Rameshwari

Devi & Ors, JT 2007 (11) 122, the Hon'ble Apex Court held that

while exercising the extraordinary jurisdiction under Section 482

Cr.P.C., the High Court cannot go beyond the allegations made in

the F.I.R or rely upon extraneous consideration. For the purpose of

finding out the commission of a cognizable offence, the High Court

(7 of 9) [CRLMP-196/2023]

is only required to look into the allegations made in the complaint

or the F.I.R.

In another case of N. Soundaram Vs. P.K. Pounraj & Anr. :

(2014) 10 SCC 616], Supreme Court, while reiterating the

principles laid down in Bhajan Lal (supra) on scope of exercise of

powers under Section 482 Cr.P.C., held:

"It is well settled by this Court in a catena of cases that the power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent the abuse of process of any Court and to secure the ends of justice [See State of Haryana v. Bhajanlal]. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so. Taking the allegations and the complaint as they were, without adding or subtracting anything, if no offence was made out, only then the High Court would be justified in quashing the proceedings in the exercise of its power under Section 482, CrPC [See MCD v. Ram Kishan Rohtagi]. An investigation should not be shut out at the threshold if the allegations have some substance. [See Vinod Raghuvanshi v. Ajay Arora]."

In the case of M/s. Neeharika Infrastructure Pvt. Ltd.

Vs. State of Maharashtra, 2021 CRILJ 2419, Hon'ble Apex Court, on scope of exercise of powers under Section 482 of Cr.P.C., in Para 23 (xii) & (xv) observed as under :-

"xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the

(8 of 9) [CRLMP-196/2023]

FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;

(xv) When a prayer for quashing the FIR is made by the alleged accused, the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose the commission of a cognizable offence or not. The Court is not required to consider on merits whether the merits of the allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR."

So far as the judgment cited by counsel for the petitioners in

the case of Mariano Anto Bruno (Supra) is concerned, the Hon'ble

Apex Court had set aside the conviction considering the fact that

deceased was suffering from bipolar order and also had sucidal

ideas from few days before suicide. Moreover, the trial court and

High Court had convicted the accused solely based on oral

evidence of mother and sister of deceased. In the case of Geo

Varghese (supra), the Hon'ble Apex Court had quashed the FIR

considering the fact that accused appellant was a teacher and any

act done in discharge of his moral or legal duty without there

being any circumstances to even remotely indicate that there was

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