9911796707
TMI Blog2012 (7) TMI 1140X X X X Extracts X X X X X X X X Extracts X X X X ..... by the High Court dismissed the application filed by the Appellant herein (original Accused No. 3) Under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') to quash and set aside the impugned FIR No. 45 of 2011 dated 12.03.2011 lodged by Vipulbhai Harshadbhai Raja, Respondent No. 2 herein with Sanand Police Station, Ahmedabad for the offences punishable Under Sections 467, 468, 471, 420 and 120-B of the Indian Penal Code, 1860 (in short 'the Indian Penal Code'). 3. Brief facts: (i) Respondent No. 2 herein is the President of Shri Supan Plot Owners' Association situated at Village Nidhrad, Sanand, Ahmedabad. Certain plots of the said Association were disposed of illegally by creating false/f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it are relevant for disposal of the above appeal which reads as under: 5. That after the filing of the present special leave petition, the Petitioner to show his bona fides and to prove that he himself is a victim has approached the answering Respondent. The answering Respondent was informed by the Petitioner that the Petitioner himself got cheated by Pravinbhai Gangashanker Raval and Janakben Pravinchandra Raval (accused Nos. 1 2 in the instant case FIR No. 45/2011). The Petitioner further informed the answering Respondent that he shall not claim any right, title, interest over the various plots belonging to the association and accordingly he has no right or title over the same. 6. The Petitioner further submitted that he was also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of the Petitioner shall be considered as the property of the Association and this transaction which had taken place between the accused persons is a null and void transaction through which no title, right and interest has ever been transferred and the possession of the property was and is with the Association. 10. That in view of the above and since the right, title and interest of the association is now protected as the documents showing transfer of the property in favour of the Petitioner stand declared as incompetent documents, therefore, the answering Respondent has no objection if the present special leave petition is allowed and the FIR in question is quashed qua the Petitioner. The above information in the form of cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for him also reiterated the same. 6. It is also relevant to point out that the averments in the FIR disclosed the offences punishable Under Sections 467, 468, 471, 420 and 120B of Indian Penal Code. 7. The only question for consideration before this Court at this stage is that inasmuch as all those offences are not compoundable offences Under Section 320 of the Code (except Section 420 of Indian Penal Code that too with the permission of the Court before which any prosecution for such offence is pending), whether it would be possible to quash the FIR by the High Court Under Section 482 of the Code or by this Court exercising jurisdiction under Article 136 of the Constitution of India? 8. The above question was recently c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court Under Section 482 Code of Criminal Procedure are not for that purpose controlled by Section 320 Code of Criminal Procedure. 18. Having said so, we must hasten to add that the plenitude of the power Under Section 482 Code of Criminal Procedure by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situations in which the exercise of power Under Section 482 may be justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Appellant is concerned and the entire exercise of trial is destined to be an exercise in futility. Inasmuch as the matter has not reached the stage of trial, we are of the view that the High Court, by exercising the inherent power Under Section 482 of the Code even in offences which are not compoundable Under Section 320, may quash the prosecution. However, as observed in Shiji (supra), the power Under Section 482 has to be exercised sparingly and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. In other words, the exercise of power must be for securing the ends of justice and only in cases where refusal to exercise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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