Shiv Kumar Saxena & Anr. v. State (NCT of Delhi)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) has been filed by petitioners for quashing of FIR no. 738/2022, registered at Police Station Dabri, Dwarka Distt, for the offences punishable under Section 441/120-B/34 of Indian Penal Code, 1860 (“IPC”).

4. Brief facts of the present case are that the impugned FIR was registered after a complaint case bearing no. 1079/2022 was filed by the complainant, under Section 200 read with Section 156(3) of Cr.P.C before learned Metropolitan Magistrate, South West District, Delhi against petitioner no. 1 and 2. Learned Metropolitan Magistrate had allowed the application under Section 156(3) Cr.P.C vide order dated 03.08.2022 and had directed the SHO, P.S. Dabri to register FIR. Subsequently, the FIR was registered against the petitioners.

5. It is stated by learned for petitioners that the allegations in this case are civil in nature, therefore, the FIR be quashed. He also states that order was passed by learned Magistrate on 03.08.2022 which shows that FIR was registered in mechanical manner. He also states that civil litigation is pending between the parties and therefore since the petitioners are already in possession of the property in question, there is no question of tress passing the property.

6. Learned APP for the State, on the other hand, states that petition is pre-mature and FIR cannot be quashed on the grounds raised by learned counsel for petition.

7. I have gone through the order passed by learned Metropolitan Magistrate, Dwarka Courts, South West District, Delhi, which reads as under: Therefore, in view of the settled law as held by the Hon1ble Supreme Court in the case of 'Lalita Kumari Vs. Government of U.P. & Others, 2014 (2) SCC 1, S.H.O concern is duty bound to register the PIR on disclosure of cognizable offence. In view of submissions of EO and above discussion, application is allowed. SHO, PS Dabri is directed to register FIR and file the compliance report on the next date of hearing. It is needless to mention that investigating agency shall be at liberty to investigate the matter impartially and in accordance with law. The police shall not be bound or be influenced by any observation on merits made herein above and may draw its own conclusions based on its investigation. This order shall not be construed as a direction to carry out arrest of any person. The order shall also not be construed as a finding of involvement or guilt of any person in the commission of any offence. This order shall not be treated as a direction to file a charge sheet against the accused persons. The police shall be at liberty to file a cancellation report in case it finds that no offence has been committed by the accused persons. Put up for report of compliance on 04.08.2022.”

8. I have also given my consideration to the arguments of learned counsel for petitioner as well as learned APP for the State.

9. The FIR in this case was registered on 04.08.2022 and the investigation is under way. It is not yet known as to whether the investigating agency will file charge-sheet or a closure report in this case. In case the allegations are found to be totally civil in nature, it is for the investigating agency to file a closure report and in case the petitioner will be aggrieved thereafter, he may approach the appropriate Court.

10. From bare perusal of the complaint, this Court is not persuaded to reach a conclusion that the allegation levelled against the petitioners are absurd, highly improbable or that no prudent person can ever reach a conclusion that there is no sufficient ground for proceeding further in the case.

11. At this stage, as per law, this Court cannot throttle the proceedings or investigation, when the investigation has not yet been carried out completely.

12. Finding no merit, the instant petition stands dismissed.

13. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J FEBRUARY 10, 2023