Gujarat High Court
Bharatbhai P Parikh & 3 vs State Of Guajrat & on 30 March, 2017
Author: C.L.Soni
Bench: C.L. Soni
R/CR.MA/4335/2012 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4335 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE C.L. SONI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? Yes
3 Whether their Lordships wish to see the fair copy of No
the judgment ?
4 Whether this case involves a substantial question of No
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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BHARATBHAI P PARIKH & 3
Versus
STATE OF GUAJRAT & 1
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Appearance:
HL PATEL ADVOCATES, ADVOCATE for the Applicants
MR ASIM J PANDYA, ADVOCATE for the Applicants
MR SP HASURKAR, ADVOCATE for the Respondent No. 2
MS MOXA THAKKAR ADDL. PUBLIC PROSECUTOR for the Respondent No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 30/03/2017
CAV JUDGMENT
[1] The present petition is filed seeking to quash the First Information Report ("FIR") registered as C.R.No.I-89/2010 with Western Railway Police Station, Vadodara on 19.10.2010 for the offences punishable under Sections 306 and 114 of the Indian Penal Page 1 of 17 HC-NIC Page 1 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT Code ("the Penal Code") and also to quash the charge-sheet as filed in connection with the FIR.
[2] The gist of the allegations in the FIR is that the husband of the informant committed suicide on account of mental and financial related torture meted out to him by the petitioners - accused.
[3] In connection with the allegations in the FIR, the police, on completion of the investigation, has filed the charge-sheet against the petitioners.
[4] Learned advocate Mr.Asim Pandya appearing for the petitioners submitted that the allegations in the FIR would not constitute the offence of abetment under Section 306 of the Penal Code against the petitioners. He submitted that the penal statutes are required to be strictly interpreted as the prosecution of any person cannot be left in ambiguity but the offence with which such person is charged should be within the letters of law. He submitted that the petitioners are not related to the deceased and, therefore, except where presumption under Section 113(A) of the Evidence Act applies, the abetment for the offense is required to be proved. He submitted that just because the petitioners as trustees started taking disciplinary action against the deceased husband of the informant in the interest of the trust, if the deceased took extreme step of committing suicide, the petitioners could not be said to have abetted in commission of suicide Page 2 of 17 HC-NIC Page 2 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT by him. Mr.Pandya submitted that until 1983, it was not possible to bring the husband or relative of the wife within definition of abetment but it could be made possible only by amendment under Section 498(A) of the Penal Code and Section 113(A) of the Evidence Act and this would suggest as argued by Mr.Pandya that unless legislature intervenes, the Court would not fill in lacuna in the penal statute. He submitted that for every penal action, the element of mens rea has to be there which is absent in the allegations against the petitioners. He submitted that the petitioners had no knowledge or intention that by their disciplinary action against the deceased for the interest of the trust, the deceased would commit suicide. He submitted that there is no proximity between the alleged acts of the petitioners and the suicide committed by the deceased and, therefore, the petitioners could not be said to have instigated the deceased to commit suicide.
While referring to paragraph nos.7 to 10 of the petition, Mr.Pandya submitted that the petitioners have good background and are reputed persons in the society and to allow the prosecution against them would be nothing but an abuse of process of Court. He, therefore, urged to quash the FIR and the charge-sheet.
[5] Learned APP Ms.Moxa Thakkar appearing for the respondent -
State, while referring to the allegations made in the FIR and the affidavit of the Investigating Officer (I.O.), submitted that because of continuous harassment by the petitioners to the deceased, the deceased took extreme step to commit suicide and, thus, the offence Page 3 of 17 HC-NIC Page 3 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT of abetment is prima facie made out against the petitioners. She submitted that the police, on collecting ample material in connection with the FIR, has filed charge-sheet and, therefore, the Court may not quash the FIR at this stage.
[6] Learned advocate Mr.S. P. Hasurker appearing for the informant submitted that the deceased committed suicide as he suffered continuous mental torture with unethical demand of money from the petitioners which the deceased has disclosed in his suicide note. He submitted that the contents of suicide note and the allegations made in the FIR do disclose commission of offence of abetment by the petitioners. Mr.Hasurker submitted that considering the happening of the events stated in the FIR and the material collected by the police for filing the charge-sheet, the fact finding inquiry is required and, therefore, the Court may not quash the FIR and the charge-sheet in exercise of its inherent power. While taking the Court to the material collected by the police during the investigation, including the transcript of the telephonic talks by the petitioners with the deceased, Mr.Hasurker submitted that there had been continuous harassment and torture from the petitioners to the deceased and his family members, as a result of which the deceased was left with no option but to commit suicide and, therefore, it cannot be said that no offence of abetment is made out against the petitioners. He, therefore, urged to allow the prosecution against the petitioners and not to quash the FIR at this stage.
Page 4 of 17HC-NIC Page 4 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT [7] The Court, on perusal of the FIR, finds that the informant has given out accounts for happening of the events leading to suicide of her deceased husband, who was serving as doctor with the trust stated to be managed by the petitioners as trustees. The informant herself was also serving as nurse with her deceased husband. While alleging the harassment to her deceased husband and to her by the petitioners till date her husband committed suicide, the informant has stated that the suicide of her husband was because of mental torture and money related harassment given to him which was found stated in the suicide note of the deceased. Though from the xerox copy of the suicide note, it was some what difficult to read some words with exactitude, however, what could be read is reproduced below in English translated version.
"President, Secretary, Joint Secretary (Bharatbhai Parikh - Pinakin Shah - Dilip Sheth) all three persons are after me since one year by making false demand. I am being mentally and financially harassed. In such situation, I have not got salary for last four months. Other doctors are being paid the salary of Rs.75,000/- whereas I am being paid only Rs.34,000/-. Since last 14 years, I have worked day and night in this hospital. I have not been paid the amount of my earned leave. If anything happens to me, then, the President Bharatbhai Parikh, Secretary Pinakin Shah and Joint Secretary Dilip Sheth will be responsible for the same. For granting my resignation, Shri Pinakin Shah, Shri Bharat Parikh and Shri Dilip Sheth are demanding Rs.50,00,000/- from me and they are refusing to pay me my due amount. Shri Pinakin Shah is separately demanding Rs.2,00,000/- . Three to four days before, the President and Secretary harassed me by making frequent phone calls and took away Rs.1,51,000/- in BPL."Page 5 of 17
HC-NIC Page 5 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT [8] As per the allegations made in the FIR, all the petitioners are alleged to be responsible for harassment to the deceased because of which the deceased took extreme step to commit suicide. The charge-sheet is filed against all the petitioners. Therefore, it cannot be said that allegation in the FIR do not disclose the offence of abetment. The allegations in the FIR with the contents of suicide note would constitute the offence of abetment against the petitioners. The papers of the charge-sheet placed on record contain statements of many witnesses. The statements of the witnesses including that of employees working with the trust would reveal that there was discord between the deceased and the petitioners. The statement of witness
- Shri Mahesbhai Rana stated to be the brother-in-law of the deceased reveals that only two days before the date of the incident of suicide, when he was present in the meeting of the trustees with the deceased, the petitioners stated that there was financial irregularity of Rs.62,70,000/- in BPL scheme and asked the deceased to pay the amount. It is required to note that the informant has already alleged continuous harassment till the date the deceased committed suicide.
The father of the deceased has handed over the C.Ds. (Cassette Discs) to the police which the police have recovered under the panchnama. Such C.Ds. are stated to have contained the talks between the deceased and the petitioners. The transcripts of allegedly torturing talks by the petitioners with the deceased, which runs into many pages are placed with the papers of the charge-sheet.
The Court finds that considering the statements of the witnesses, the Page 6 of 17 HC-NIC Page 6 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT contents of the suicide note and the allegations made in the FIR, it is difficult to say that there were no proximity between the commission of the suicide by the deceased and the incidents of alleged harassment by the petitioners. The Court also finds that considering the contents of the suicide note, the allegations of harassment woven in various facts stated in the FIR and the material collected during the investigation, the fact finding inquiry on assessing the evidence will be required.
[9] The contents of the suicide note are supported by the wife of the deceased - informant. She has stated in the FIR as to how her husband had continuously suffered harassment from the petitioners.
[10] In the case of Praveen Pradhan Vs. State of Uttaranchal and another, reported in (2012) 9 SCC 734, the Hon'ble Supreme Court has held and observed in paragraph nos.10 to 19 as under:-
10. In the FIR, the complainant, who is the brother of the deceased, made several allegations against the appellant, all of which, have also been mirrored in the suicide note left behind by the deceased, and it is also evident from the FIR that the deceased had intimated his family members regarding the ill-treatment and harassment constantly meted out to him, by the appellant. The deceased was very perturbed and the same is evident from the suicide note which reads as under:
"I am dying due to Praveen Pradhan. He has done too much atrocities. He is very cunning man. He always humiliated- exploited me all the time. He made me demoralised and made my self respect hurt too much.Page 7 of 17
HC-NIC Page 7 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT He has hurted Mr. O.P. Agaral (KPGI) and Mr. CRK Gaur (Project Consultant). These persons also had to go before time due to him. He always hurts other's feelings as he is a egoistic and cruel man.
I have been daily hurted my self respect. He is always scolding me. I have to die solely due to him.
I have told my feelings to Mr. Pavan and Mr. Raghu earlier. But his attitude do not change. He always scolded and demoralised me. Even in front of Amit (Jaymit) he insulted me. He said Anurag is a "chutiya" as he is working for him and hedoubted my dignity. I can't tolerate any way to my dignity.
He always forced me to resign. This can be verified from Mr. Minesh Dakwe (who is in Mahindra) that he forced me to resign. His attitude can be verified from other officers of factory. He is proving me faulty and incompetent after completing entire project work successfully."
(Emphasis added) A plain and simple reading of this suicide note makes it crystal clear that the appellant had not just humiliated and insulted the deceased on one occasion. In fact, it is evident that the appellant perpetually humiliated, exploited and de-moralised the deceased, which hurt his self-respect tremendously. The words used are, to the effect that the appellant always hurt the self-respect of the deceased and he was always scolding him. The appellant always made attempts to force him to resign.
11. The statements recorded by the police under Section 161 Cr.PC., particularly, one made by Smt. Kavita Singh, widow of the deceased and also those of various other family members, corroborate the version of events, as given in his suicide note. Therefore, the question that arises is whether the court would be justified in quashing the chargesheet filed against the accused, in the instant case.
12. In Swamy Prahaladdas v. State of M.P. & Anr., (1995) Supp (3) SCC 438, a similar question arose before this Court wherein one Sushila Bai, a married woman allegedly had two paramours. There was sexual jealousy between the two. Sushila had managed to completely bewitch one of them. In one fine morning, while Sushila Bai was having her morning tea with both her paramours, they began to quarrel. During the course of such quarrelling, one Page 8 of 17 HC-NIC Page 8 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT of them made a remark asking the other "to go and die". The other person to whom such remark was made, went home very dejected and thereafter, committed suicide. This Court held as under: (SCC pp. 438-39, para-3) "In the first place, it is difficult in the facts and circumstances, to come to even a prima facie view that what was uttered by the appellant was enough to instigate the deceased to commit suicide. Those words are casual in nature which are often employed in the heat of the moment between quarrelling people. Nothing serious is expected to follow thereafter. The said act does not reflect the requisite mens rea on the assumption that these words would be carried out in all events. Besides, the deceased had plenty of time to weigh the pros and cons of the act by which he ultimately ended his life. It cannot be said that the suicide by the deceased was the direct result of the words uttered by the appellant."
13. In Sanju @ Sanjay Singh Sengar v. State of M.P., AIR 2002 SC 1998, a quarrel had taken place between the accused and the deceased during which, the accused asked the deceased "to go and die". A chargesheet was filed against the accused under Section 306 r/w Section 107 IPC when the said person actually committed suicide. This Court dealt with the issue elaborately, taking into consideration the fact that the accused had also specifically been named in the suicide note left behind by the deceased, and held that merely asking a person "to go and die" does not in itself amount to instigation and also does not reflect mens rea, which is a necessary concomitant of instigation. The deceased was anyway in great distress and depression. The other evidence on record showed him to be a frustrated man who was in the habit of drinking. Thus, considering the said circumstances, this Court quashed the proceedings against the accused, holding that ingredients of abetment were not fulfilled therein.
14. In Madan Mohan Singh v. State of Gujarat & Anr., (2010) 8 SCC 628, this Court re-examined this question, in a similar case, involving Sections 306/107 IPC, wherein the deceased left a suicide note stating that the accused was solely responsible for his death. The deceased in this case, was a driver in the Microwave Project Department. He had undergone a bypass surgery for his heart, just before the occurrence of such incident and his doctor had advised him against performing any stressful duties. The accused was a superior officer to the deceased. When the deceased failed to comply with the orders of the accused, the accused became Page 9 of 17 HC-NIC Page 9 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT very angry and threatened to suspend the deceased, rebuking him very harshly for not listening to him. The accused also asked the deceased how he still found the will to live, despite being insulted so. The driver after all this, committed suicide. This Court found that such incident was a one time occurrence. For the purpose of bringing home any charge, vis-à-vis Section 306/107 IPC against the accused, this Court stated that there must be allegations to the effect that the accused had either instigated the deceased in some way, to commit suicide or had engaged with some other persons in a conspiracy to do so, or that the accused had in some way aided any act or illegal omission to cause the said suicide. In the said case, this court, after assessing the material on record, found that the deceased was suffering from mental imbalance which caused depression. The accused had never intended for the deceased employed under him to commit suicide. This court observed that if the making of observations by a superior officer, regarding the work of his subordinate, is termed as abetment to suicide, it would become almost impossible, for superior officers to discharge their duties as senior employees.
15. In Chitresh Kumar Chopra v. State (Government of NCT of Delhi), AIR 2010 SC 1446, this Court while dealing with the term 'instigation' held: (SCC p.611, paras-16-17) "16....instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of "instigation", though it is not necessary that actual words must be used to that effect or what constitutes "instigation" must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. Where the accused had, by his acts or omission or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, in which case, an "instigation" may have to be inferred. A word uttered in a fit of anger or emotion without intending the consequences to actually follow,cannot be said to be instigation.
17. Thus, to constitute 'instigation', a person who instigates another has to provoke, incite, urge or encourage the doing of an act by the other by "goading" or 'urging forward'. The dictionary meaning of the word "goad" is "a thing that stimulates someone into action; provoke to action or reaction.....to keep irritating or annoying somebody until he reacts."
Page 10 of 17HC-NIC Page 10 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT
16. This Court in Ramesh Kumar v. State of Chhattisgarh, AIR 2001 SC 3837, while dealing with a similar situation observed that what constitutes 'instigation' must necessarily and specifically be suggestive of the consequences. A reasonable certainty to incite the consequences must be capable of being spelt out. More so, a continued course of conduct is to create such circumstances that the deceased was left with no other option but to commit suicide.
17. The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted. The abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC. However, the words uttered in a fit of anger or omission without any intention cannot be termed as instigation. (Vide: State of Punjab v.Iqbal Singh, AIR 1991 SC 1532; Surender v. State of Hayana, (2006) 12 SCC 375; Kishori Lal v. State of M.P., AIR 2007 SC 2457; and Sonti Rama Krishna v. Sonti Shanti Sree, AIR 2009 SC 923.)
18. In fact, from the above discussion it is apparent that instigation has to be gathered from the circumstances of a particular case. No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which force the person to commit suicide. In a particular case, there may not be direct evidence in regard to instigation which may have direct nexus to suicide. Therefore, in such a case, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which in fact had created the situation that a person felt totally frustrated and committed suicide. More so, while dealing with an application for quashing of the proceedings, a court cannot form a firm opinion, rather a tentative view that would evoke the presumption referred to under Section 228 Cr.P.C.
19. Thus, the case is required to be considered in the light of aforesaid settled legal propositions. In the instant case, alleged harassment had not been a casual feature, rather remained a matter of persistent harassment. It is not a case of a driver; or a man having an illicit relationship with a married woman, knowing that she also had another paramour; and therefore, cannot be compared to the situation of the deceased in the instant case, who was a qualified graduate engineer and still suffered persistent harassment and humiliation and additionally, also had to endure continuous illegal demands made by the appellant, Page 11 of 17 HC-NIC Page 11 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT upon non-fulfillment of which, he would be mercilessly harassed by the appellant for a prolonged period of time. He had also been forced to work continuously for a long durations in the factory, vis-à-vis other employees which often even entered to 16-17 hours at a stretch. Such harassment, coupled with the utterance of words to the effect, that, "had there been any other person in his place, he would have certainly committed suicide" is what makes the present case distinct from the aforementioned cases considering the facts and circumstances of the present case, we do not think it is a case which requires any interference by this court as regards the impugned judgment and order of the High Court. The appeal is, therefore, dismissed accordingly.
[11] In light of the above and in the facts of the case, the Court finds that it is a case where the prosecution should be allowed to continue against the petitioners.
[12] Learned advocate Mr.Pandya would, however, rely on the decisions - in the case of Aparna A. Shah Vs. Sheth Developers Private Limited and another, reported in (2013) 8 SCC 71 and in the case of State of Punjab Vs. Gurmit Singh, reported in (2014) 9 SCC 632, and submit that the penal statute or penal provisions should be construed strictly. The Court finds that though the penal provisions are to be strictly construed, strict construction of penal provisions would not mean that even if the Court finds from the nature of the allegations made in the FIR with the material collected during the investigation, that the offence alleged is made out and the fact finding inquiry would be required, the Court should exercise its inherent powers. Thus, the above decisions cannot be applied in abstract. Learned advocate Mr.Pandya would then rely on the Page 12 of 17 HC-NIC Page 12 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT following decisions.
(a) In the case of Netai Dutta Vs. State of West Bengal, reported in (2005) 2 SCC 659;
(b) In the case of A K Chaudhary and others Vs. State of Gujarat, reported in (2005) 3 SCC 444;
(c) In the case of S S Cheen Vs. Vijaykumar, reported in (2010) 12 SCC 190;
(d) In the case of Madan Mohan Singh Vs. State of Gujarat, reported in (2010) 8 SCC 628;
(e) In the case of Lalitbhai Vikramchand Parekh Vs. State of Gujarat rendered in Criminal Misc. Application No.16032 of 2014;
(f) In the case of Gurcharan Singh Vs. State of Punjab rendered in Criminal Appeal No.1135 of 2016;
[13] If on the facts obtainable in above cases, the conclusion could be reached that offence of abetment was not made out, the prosecution under Section 306 of the Penal Code would not be allowed. Therefore, it all depends upon the facts of each case to reach to the conclusion whether the case of abetment is made out so as to attract the provision of Section 306 of the Penal Code.
[14] In the case on hand, as stated above, there had been discord between the deceased and the petitioners. The informant has alleged Page 13 of 17 HC-NIC Page 13 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT humiliation, insult and harassment to the deceased and to her family, the pressure on the deceased to part with huge amount of Rs.50,00,000/- with threat to get certificate of practice and the degree certificate of the deceased cancelled, threat not to accept resignation of the deceased, if the deceased failed to give Rs.50,00,000/- and many other allegations are also made including that some persons were sent by the petitioners to lock the front gate of the residence where she has been residing with her deceased husband and other family members. As per the statement of witness named Anjanaben Surendrasinh Dodia, the petitioner nos.1 and 3 had personally gone to the residence of the informant and quarreled with deceased and asked to put lock on residential premises of the deceased. With such harassment, humiliation and insult, the deceased faced the demand of payment of huge money and on 18.10.2012 he committed suicide. It is required to note that after the deceased was placed under suspension on 05.08.2010 and was served with the notice cum charge-sheet dated 16.08.2010, he gave reply to the notice on 18.08.2010 and on 20.08.2010. However, as alleged in FIR, the petitioners continued to harass the deceased. It, therefore, does not appear that because the disciplinary action was initiated against the deceased, the deceased committed suicide.
[15] In view of the above considerations, the Court finds that it is not the case where the Court should exercise its inherent powers under Section 482 of the Criminal Procedure Code, 1973 ("the Code") Page 14 of 17 HC-NIC Page 14 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT to quash the FIR and the charge-sheet.
[16] The inherent powers under Section 482 of the Code are not to be routinely exercised.
[17] In the case of N. Soundaram vs. P.K.Pounraj reported in 2014 (10) SCC 616, Honourable the Supreme Court has held and observed in paragraphs - 13 and 14 under:
"13. 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. Bhajan Lal, 1992 Supp. (1) SCC 335 ]. 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 powers under Section 482 CrPC. [See MCD v. Ram Kishan Rohtagi, (1983) 1 SCC 1]. An investigation should not be shut out at the threshold if the allegations have some substance. [See Vinod Raghuvanshi v. Ajay Arora, (2013) 10 SCC 581].
14. An overall perusal of the materials placed before us makes out a prima facie case against the accused which requires to be decided by conducting a proper trial. At this stage the High Court cannot analyse and meticulously consider the evidence and anticipate whether it will end up in conviction or acquittal. This is not the stage to decide whether there is any truth in the allegations made but to form an opinion whether on the basis of the allegation a cognizable offence or offences alleged has been prima facie made out. The guilt or otherwise of the accused can be proved only after conducting a full-fledged trial. In the circumstances, in our opinion, it is not proper for the High Court to interfere with the proceedings and quash the final report submitted by the police.Page 15 of 17
HC-NIC Page 15 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT [18] In the case of Manoj Kumar Sharma vs. State of Chhattisgarh reported in 2016 (9) SCC 1, Honourable the Supreme Court has held and observed in paragraphs no.31 and 33 as under:
31. Whether an offence has been disclosed or not, must necessarily depends on the facts and circumstances of each case. If on consideration of the relevant materials, the Court is satisfied that an offence is disclosed, it will normally not interfere with the investigation into the offence and will generally allow the investigation into the offence to be completed in order to collect materials for proving the offence.
33. This point has been more clarified in State of Haryana and Others vs. Bhajan Lal and Others (1992) Supp (1) SCC 335, wherein this Court also stated that though it may not be possible to lay down any precise, clearly defined, sufficiently channelised and inflexible guidelines or rigid formulae or to give an exhaustive list of myriad kinds of cases wherein power under Section 482 of the Code for quashing of the FIR should be exercised, there are circumstances where the Court may be justified in exercising such jurisdiction. These are, where the FIR does not prima facie constitute any offence, does not disclose a cognizable offence justifying investigation by the police; where the allegations 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; where there is an expressed legal bar engrafted in any of the provisions of the Code; and 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.
Despite stating these grounds, the Court unambiguously uttered 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; the Court also warned that the Court would 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 whims or caprice.
Page 16 of 17HC-NIC Page 16 of 17 Created On Fri Mar 31 01:30:15 IST 2017 R/CR.MA/4335/2012 CAV JUDGMENT [19] In light of the above and for the reasons stated above, the petition is required to be dismissed. Hence, it is dismissed. Rule is discharged.
(C.L.SONI, J.) After the judgment is pronounced, learned advocate Mr.Pandya requests to continue the interim relief to enable the petitioners to approach higher forum, which has been in operation for a period of four weeks. Learned advocates for the respondents objected to the request made by learned advocate for the petitioners.
However, Court finds that since the interim relief is in operation and since the petitioners want to approach to higher forum, it is directed that the interim relief which has been in operation shall continue to operate for a period of four weeks.
(C.L.SONI, J.) vijay Page 17 of 17 HC-NIC Page 17 of 17 Created On Fri Mar 31 01:30:15 IST 2017