RAM LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this petition under Sec. 482 of Cr.P.C. for quashing the FIR No.288/2022 registered at Police Station Gangapur, District Bhilwara for the offence under Ss. 147, 341, 323, 354 and 504 of IPC.

(2.) Learned counsel for the petitioners submits that earlier the present complainant had filed an application before the Police Station Gangapur, District Bhilwara, wherein proceedings under Ss. 107 and 151 Cr.P.C. were initiated, in which statement of complainant Bali Devi was recorded by the Sub Divisional Magistrate. In the said statement, no allegation with regard to offence under Sec. 354 IPC has been levelled by the respondent No.2. Counsel further submits that the petitioners are the registered owners of the agriculture land and the possession has also handed over to the petitioners. Counsel has placed reliance on a decision of Rajasthan High Court in the case of Vena Ram and Ors. Vs. State of Rajasthan [2002 (2) WLN 628]. In these circumstances, since the FIR lodged against the petitioner being frivolous, is liable to be quashed.

(3.) Learned Public Prosecutor submits that as per factual report received from the concerned Police Station, after thorough investigation, Police is going to file Final Report against the petitioner No.1-Ram Lal, therefore, the present criminal misc. Petition has become infructuous to the extent of petitioner No.1-Ram Lal. So far as the petitioners No.2 to 5 are concerned, the offences have been found to be prima facie proved against them on the basis of statement of the complainant. 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, it cannot be said that no case is made out against the petitioners No.2 to 5 for offence under Ss. 147, 341, 323, 354 and 504 of IPC. Since the investigation is going on, therefore, the petition may kindly be rejected.