JAGDISH CHANDRA MOONDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 11/2023 registered at Police Station Jahajpur, District Bhilwara for offence under Sec. 306 IPC.

(2.) Counsel for the petitioner submits that the petitioners have been falsely implicated in this case. It is argued that after marriage of their daughter/sister, the petitioners had not communication with the deceased or the complainant and the FIR is based on false and concocted story. It is submitted that the petitioner never made any contract with the deceased. On the contrary, the deceased used to call the present petitioners and threaten them and petitioner no.1 and 2 filed a written complaint before the Subash Nagar Police station. It is also argued that petitioner no.3 is a medical student and is pursuing his studies in China and the petitioners No.4 to 6 are the distant relatives of the deceased and were not even present on the date of incident. Thus, the complainant only with a view to harass and pressurize the petitioners, filed the present FIR. Therefore, it is prayed that the FIR No. 11/2023 may be quashed.Learned counsel for the petitioner placed reliance on the judgment of Hon'ble Apex Court in the case of Mariano Anto Bruno Vs. The Inspector of Police reported in 2022 Live Law (SC) 834 and Geo Varghese Vs. State of Raj. and Anr. reported in AIR 2021 SC 4764.

(3.) Per contra, learned Public Prosecutor submits that it is well settled legal position that inherent powers under Sec. 482 Cr.P.C. can be exercised only in exceptional cases when the Court finds that from the allegation made in the FIR/complaint even prima facie no offence is made out against the accused but in the present case from the evidence collected during investigation and more particularly on consideration of the suicide-note, it cannot be said that no case is made out against the petitioners for offence under Sec. 306 IPC. According to the learned Public Prosecutor, in the suicide-note it has been clearly alleged that for the incident occurred, the petitioners were responsible and they were continuously blackmailing the deceased and, therefore, he had no other alternative other than to commit suicide. It was also submitted that opportunity is to be afforded to the prosecution to prove its case and it is not proper to be quashed at the initial stage.