WPCRL/2056/2022
2022 Latest Caselaw 3729 UK

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                                 WPCRL No. 2056 of 2022

                                 Hon'ble S.K. Mishra, J.

Mr. Ghanshyam Joshi, the learned counsel for the petitioner.

Ms. Manisha Rana Singh, the learned A.G..A. for the State.

Ms. Sarita Bisht, the learned counsel for the respondent.

Heard.

By filing this petition, the petitioner has sought quashing of the FIR bearing FIR No. 291 of 2022, lodged by respondent no. 3 under Sections 323, 376, 384,504 and 506 of the Penal Code at P.S. Lalkuan District Naintial.

Learned counsel for the petitioner would submit that there was friendship between complainant and respondent no. 3 and there was some dispute regarding the dues and that earlier also a complaint was made before the police against the petitioner which was compromised in the police station, to which learned counsel for respondent no. 3 would submit that such compromise was done under pressure. It is also stated by the learned counsel for the petitioner that the FIR has been lodged after 20 days; hence, FIR should be quashed.

It is well settled principle of law that the jurisdiction to quash the FIR beat under Section 482 of the Code of Criminal Procedure or under Article 226 of the Constitution of India. The Court should quash such FIRs only when 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. The petitioner and complainant are known to each other and there are some earlier incidents also. However, it is the duty of the investigating agency to investigate the case and only in rare and exceptional cases FIR should be quashed. In this case we should take into consideration the judgment passed by the Hon'ble Supreme Curt in the cases of R.P. Kapur vs. State of Punjab, AIR 1960 SC 866, State of Haryana vs. Bhajan Lal , 1992 Supp (1) SCC 335 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC Online 315.

This Court is of the view that no case is made out for quashing of the FIR.

Hence, the writ petition is dismissed being devoid of merit.

(S.K. Mishra, J.) 22.11.2022 (Grant certified copies as per rules) PV