Rewati Ram vs State Of H.P. And Anr

Sandeep Sharma, J

By way of present petition filed under Section 482 Cr.PC., prayer has been made on behalf of the petitioner for quashing of FIR No. 68/2019 dated 20.6.2019, under Sections 325, 323 and 504 of IPC, registered at PS Aut, District Mandi, H.P. as well as consequent proceedings i.e. Police Challan No. 247 of 2019, pending before the learned JMIC-2, Mandi, District Mandi, H.P.

On 19.3.2020, this Court while staying the further proceedings pending in the learned JMIC-2, Mandi, District Mandi, H.P., directed the respondents to file reply. As per report of the Registry, respondent-Purushotam Ram, at whose instance, aforesaid FIR came to be lodged, has expired, whereas despite sufficient opportunity, no reply has been filed on behalf of the respondent-State and as such, this Court has no option but to decide the petition at hand on the basis of material already available on record.

Having heard learned counsel for the parties and perused material available on record, this Court finds that precise grouse of the petitioner is that since there is no allegation against him in the FIR as well as Challan filed by the Investigating Agency in the competent Court of law under Section 173 Cr.PC, FIR as well as challan filed against him in the competent court of law deserve to be quashed and set-aside.

Having perused FIR as well as Challan filed in the competent court of law, there appears to be merit in the claim of the petitioner because there is no allegation against the petitioner as far as commission of offences, if any, under Sections 325, 323 and 504 of IPC are concerned. Complainant-Purushotam, who is otherwise no more, while getting his statement recorded under Section 154 of Cr.PC, alleged that on 20.6.2019, while he was coming back to his home from office, person namely Roshan Lal met him and started hurling abuses. Complainant specifically alleged that above named Roshan Lal not only hurled abuses, rather gave him beatings, as a consequence of which, he suffered injuries on his face. Complainant alleged that since he has threat to his life from Roshan Lal, appropriate action in accordance with law be taken against him. On the basis of aforesaid FIR, case under Sections 325, 323 and 504 IPC came to be registered against Roshan Lal, wherein surprisingly, name of the petitioner also came to be included. Careful perusal of final report under Section 173 filed by the Investigating Agency in the competent court of law nowhere reveals role, if any, played by the present petitioner in the alleged incident, rather challan, if read in its entirety, nowhere discloses role, if any, played by the petitioner in the alleged commission of offence by Roshan Lal. Neither there is allegation in the FIR that petitioner helped/aided main accused Roshan Lal in the commission of the offence nor anything has emerged against him in investigation. Having perused contents of FIR as well as Challan, learned Additional Advocate General has not been able to dispute that petitioner has been falsely implicated in the case.

Needless to say, person who is not named in the FIR can subsequently be added as an accused in case evidence, if any, emerges against the accused during the investigation, but in the case at hand, careful perusal of report submitted by the Investigating Agency under Section 173 Cr.PC nowhere reveals that during investigation role, if any, played by the petitioner herein came to the fore. Rather, case of Investigating Agency is against the person namely Roshan Lal, who allegedly gave beatings to the complainant-Purushotam. Since no role, if any, ever came to be played by the petitioner as far as commission of offences under Sections 325,323 and 504 IPC is concerned, prayer made in the instant petition for quashing of FIR as well as consequent proceedings against the petitioner deserve to be accepted.

Once it stands duly established that at no point of time, petitioner participated in the alleged incident, no fruitful purpose would be served in case FIR as well as Challan sought to be quashed in the instant proceedings are allowed to sustain as far as petitioner is concerned, rather petitioner would suffer irreparable loss on account of protracted trial in case prayer made in the instant petition is not accepted.

Consequently, in view of the aforesaid, present petition is allowed and FIR No. 68/2019 dated 20.6.2019, under Sections 325, 323 and 504 of IPC, registered at PS Aut, District Mandi, H.P., as well as consequent proceedings i.e. Police Challan No. 247 of 2019 pending before the learned JMIC-2, Mandi, District Mandi, H.P., are quashed and set-aside qua the petitioner. Petition stand disposed of, so also pending application(s), if any.