LALITA DEVI Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. seeks quashing of F. I. R. No. 176/2006 P. S. Kotwali, Sikar for offence under Section 420 I. P. C. The only allegation in the F. I. R. is that after entering into an agreement with the complainant on 31. 1. 2006 the petitioners have filed an appeal before the competent court and has thus cheated the complainant non- petitioner No. 2.

(2.) AFTER hearing at length learned counsel for the parties as well as learned Public Prosecutor for the State. I have also perused the entire materials placed before me.

(3.) I am, therefore, fortified in my view from the law laid down in the aforesaid cases that no offence under Section 420 I. P. C. is even prima-facie made out and to permit continuance of the investigation in F. I. R. No. 176/2006 clearly tantamounts to abuse of the process of the court. Therefore, it is a fit case in which exercise of the inherent powers of this Court u/s. 482 Cr. P. C. is called for, justified and warranted to prevent the abuse of the process of the court and to second ends of justice.