RUPINDERJIT SINGH Vs. UNION TERRITORY, CHANDIGARH & ORS.

JUDGEMENT

(1.) This petition filed under Sec. 482 of the Code Criminal Procedure is directed against quashing of FIR No. 108 dated 25.7.1994 P.S. (West), Sector 11, Chandigarh, registered under Sec. 506 Indian Penal Code alleging that the petitioner, who is working as a Manager Project in Punjab Women and Children Development Welfare Corporation (PUNWAC) has threatened the complainant Sujata Dass, Managing Director to kill her. Two grounds for quashing the afore-mentioned FIR has been raised namely that the FIR does not have the basic ingredients of the offence contemplated by Sec. 503 of criminal intimidation beside alleging that the allegations are totally false and unfounded. It has further been suggested that there is 18-19 days delay as the occurrence is alleged to have occurred on 8.1.1994 and the FIR was registered on 25.7.1994.

(2.) After considering the submissions made in the instant petition, I do not find any valid reason to quash the aforementioned FIR because the basic ingredients of Sec. 503 dealing with intimidation is that a person should have been threatened with an injury to his person. That basic ingredient is mentioned in the FIR. The delay of 18 days might have been taken by the investigating agency to authenticate the allegations and cannot be said to be such a delay on the part of the complainant, which would lead to the quashing of the FIR. Moreover, on the basis of the judgment of the Supreme Court in Pratibha Rani Vs. Suraj Kumar, 1985 SC 628 : [1985(1) All India Criminal Law Reporter 322 (SC)] and State of Haryana Vs. Ch. Bhajan Lal and others, 1992 SC 604 : [199](1) All India Criminal Law Reporter 68 (SC)], it is now settled that such like FIRs not liable to be quashed because the allegations can be substantiated by the evidence to be produced by the prosecution. Therefore, I do not find any merit in the instant petition, which is liable to be dismissed.

(3.) For the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.