Punjab-Haryana High Court
Manjit Singh @ Gola & Others vs State Of Haryana & Another on 8 January, 2013
Author: L. N. Mittal
Bench: L. N. Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRL. MISC. NO. M-11591 OF 2012
DATE OF DECISION : 8th JANUARY, 2013
Manjit Singh @ Gola & others
.... Petitioners
Versus
State of Haryana & another
.... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. N. S. Behgal, Advocate for the petitioners.
Mr. Sidharth Sarup, Deputy Advocate General, Haryana
for respondent No.1.
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L. N. MITTAL, J. (ORAL)
Accused Manjit Singh @ Gola and two others have filed this petition under Section 482 of Code of Criminal Procedure (in short, Cr.P.C.) for quashing of FIR No.125 dated 07.08.2011 (Annexure P-1) under Sections 379, 427, 447 and 506 read with Section 34 IPC registered at Police Station Saha, District Ambala and final report under Section 173 Cr. P.C. along with all consequential proceedings.
According to FIR lodged by respondent No.2-complainant Jagdeep Kaur the petitioners demolished ancestral house of the complainant with JCB machine in her absence and also took away her articles lying there and attempted to take forcible possession of the house and plot and also threatened to kill her. She was informed by one CRL. MISC. NO. M-11591 OF 2012 -2- Amarjit Singh. She gave application to the police on 25.07.2011 regarding the occurrence.
I have heard learned counsel for the petitioners and State counsel whereas respondent No.2-complainant could not be served for want of correct address.
Counsel for the petitioners contended that civil suit filed by petitioner No.1 and his sister is pending and averments made in the FIR are patently false and therefore, the FIR should be quashed.
I have carefully considered the aforesaid contention but the same cannot be accepted. It is alleged in the headnote of the petition that impugned FIR is counter blast to the suit instituted by petitioner No.1 and his sister on 01.08.2011. However, the boot is on the other leg. Petitioner No.1 and his sister have filed the suit on 01.01.2011 as counter blast to the complaint made by respondent No.2-complainant to the police on 25.07.2011. Moreover, merely because civil suit filed by petitioner No.1 and his sister is pending, can be no ground to quash the FIR. If such a ground is accepted, then accused in every case would file civil suit and would seek quashing of FIR without any basis.
As regards contention that averments in the FIR are false, the same cannot be adjudicated upon in the instant petition under Section 482 Cr.P.C. and the same can be adjudicated upon by the trial Magistrate after trial of the case. At this stage, there is prima facie nothing on record to depict that averments made in the FIR are false. CRL. MISC. NO. M-11591 OF 2012 -3- It cannot be said that from the averments made in the FIR (Annexure P-1), prima facie no offence is made out. On the contrary, the police after investigation has even presented report Annexure P-2 under Section 173 Cr.P.C. for prosecution of the petitioners, finding the averments made in the FIR to be correct on investigation.
In the aforesaid circumstances, no case is made out for quashing the impugned FIR or consequential proceedings arising therefrom. Accordingly the instant petition is dismissed without meaning to express any opinion on merits of the case.
8th January, 2013 (L. N. MITTAL)
'raj' JUDGE