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TMI Blog2023 (7) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... , District: Kutch for the offences punishable u/s. 406, 420, 465, 467, 468, 471 and 120B of IPC and all other consequential proceedings emanating therefrom. 2. Learned advocate Mr. P. M. Lakhani appearing for the petitioners submitted that none of the essential ingredients of any of the sections charged against the present petitioners have been satisfied, hence, no prima facie case could be made out against the present petitioners. He further submitted that there is no provision to register FIR in such type of cases and only a private complaint can be filed, that too, by a GST officers and not by the police department. Furthermore, the police officer had no right to even investigate into such type of case. That the allegations made in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mercial offences or disputes of mercantile and of civil nature or matrimonial disputes or disputes of partnership firms etc., the Court may consider to exercise these powers, when the parties have chosen to settle the disputes. The Court also needs to record, whether the continuation of the criminal prosecution would cause extreme prejudice to the accused or would cause him injustice, if not allowed the quashment, even after the parties have settled all their disputes. These powers are required to be exercised sparingly, as stated above. Since, the offence against the society, it cannot be said to be a private FIR between the parties. 6. It appears from the allegations made in the impugned FIR that while local crime branch of Gandhidham wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus, they have hatched conspiracy and committed offence punishable u/s. 406, 420, 465, 467, 468, 471 and 120B of IPC and there is no offence registered under the provisions of GST Act. It is not a matter of dispute that the investigation is still going on and it is at present at a crucial stage. Since, the investigation is going on, it would be too premature for this Court to opine on any of the submissions made with regard to lopsided investigation. The Investigation Officer has also not submitted his final report, therefore, any of his comment on the same would be in the opinion of this Court is at a premature stage. 7. At this stage, in a recent decision of the Hon'ble Supreme Court in case of Neeharika Infrastructure Pvt. Ltd. Vs. Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cognizable offences; iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the 'rarest of rare cases (not to be confused with the formation in the context of death penalty). v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint; vi) Criminal proceedings ought not to be scuttled at the initial stage; vii) Quashing of a complaint/FIR should be an exception ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e power under section 482 of Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court; xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the selfrestraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under section 482 of Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India. xvii) Even in a case where the High Court is prima facie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court while passing such an interim order. xviii) Whenever an interim order is passed by the High Court of "no coercive steps to be adopted" within the aforesaid pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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