VIKRAM PRAKASH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is preferred by the petitioner seeking directions that the FIR No.877/2006 under Sections 387/34 IPC registered at Police Station Sultanpuri and all other criminal proceedings emanating therefrom be quashed.

(2.) It is settled proposition of law that the High Courts should be loath in quashing FIR. An FIR should be quashed only in rarest of rare cases where if all the facts stated in the complaint, if considered true, do not disclose commission of a cognizable offence. In the instant case, the petitioner sought quashing of the FIR on the ground that the FIR was registered against the petitioner with mala fide and ulterior motives and the offence alleged therein cannot be said to have been committed. For commission of offence punishable under Section 387 of IPC, it is necessary that a person be put in fear of death or grievous hurt in committing extortion. There was no such allegations that any property or any inducement was made. The said offence, therefore, cannot be said to have been committed.

(3.) In the case in hand, a perusal of the FIR would show that the complainant in the complaint stated that he was doing a business of cable network under the name and style of Sanjay Cable Network. He had not taken Cable TV Lines from any company and he was running his own independent cable network. However, the accused persons, who were distributors and manager of Win Cables, threatened him to pay a sum of Rs.2 lac and also pay a sum of Rs.30,000/- per month, failing which, he would be killed and if he does not obey these orders, his cable network would be forcible taken over.