PARSHOTAM SINGH RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARSHOTAM Singh petitioner seeks quashing of the First Information Report recorded at Police Station Sadar, Hoshiarpur at the behest of wife of the petitioner. The said First Information Report had been registered with respect to offences punishable under Sections 498 -A, 506/35 and 494 IPC against the petitioner. The contention of the petitioner is that Surinder Kaur is a woman of quarrelsome nature. Petitioner and uncle or his wife were inimical towards each other. In order to put psychological pressure on the petitioner, his wife had submitted an application to the Senior Superintendent of Police, Hoshiarpur. On basis of that a First Information Report has been recorded. The same is sought to be quashed alleging that it contains false and vague allegations. There is no allegation that petitioner has harassed her with a view to coerce her to meet his unlawful demands. He has never assaulted his wife. It has also been alleged that offence under Section 494 IPC is non -congnizable offence and the police cannot investigate the same.

(2.) THE petition has been contested. It is admitted that the First Information Report had been recorded against the petitioner with respect) to offences punishable under Sections 498 - A/506/494/34 IPC. It is denied that the allegations are false or that no offence under Section 498 -A IPC is drawn. Petitioner is alleged to have harassed and subjected his wife to cruelty by marrying again with one Ambika Kohli.

(3.) LEARNED counsel for the petitioner at the outset urged that on basis of the allegations made in the complaint, no offence is drawn against the petitioner and, therefore, the First Information Report should be quashed. The said contention for purpose of the present judgment is without any merit. Ordinarily the Court will not stifle investigation particularly if on basis of the allegations certain offences can be drawn. At the initial stage, the First Information Report would only be quashed if on the face of it is absurd malafide or no case can be taken to have been made. One must remember that even at times on basis of the First Information Reports after investigation certain offences are drawn. We know from the decision in the case State of Haryana and Others v. Ch. Bhajan Lal and others, AIR 1992 SC 604: [1991(1) All India Criminal Law Reporter 68 (SC)] that the First Information report can only be quashed when : -