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TMI Blog2022 (12) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... inal offense. It is now well settled that powers of this Court under Section 482 of CrPC though extraordinary in nature, could be exercised so as to quash the FIRs which are practically considered to be civil disputes. There is already a report given by the Sub Divisional Officer of Quepem that it was a civil dispute. Even Final Report for grant of 'A' Summary was filed before the Quepem Court and then it was subsequently withdrawn. However, fact remains that complaint lodged by respondent no.2 discloses that it is a civil dispute and specifically in connection with the sale and purchase of flats in the project which the petitioner was constructing - it is deemed fit and proper to quash and set aside such FIR registered at Quepem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso Directors of M/s. Sanatan Financers Real Estate Pvt Ltd., who undertook construction of scheme known as Peace Valley at Quepem wherein they constructed flats, apartments, villas for the purpose of sale. He then submitted that agreement of sale were executed with different Indian companies wherein some foreigners were Directors. Execution of final sale deeds with such companies were pending on account of completion of necessary legal formalities under Foreign Exchange Management Act. 5. Learned counsel Shri Bhobe then submit that respondent no.2 filed a complaint at Quepem Police Station which was registered at FIR No.86/2017 for the offence punishable under Section 420 r/w IPC 34(c) claiming therein that the petitioner cheated resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perating and therefore police authorities are not doing any further investigation in the matter. He then submitted that the said FIR No.86/2017 was then transferred to Enforcement Directorate who registered Enforcement Case Information Report (ECIR) dated 02.01.2020 under the provisions of Money Laundering Act, 2002 against M/s. Sanathan Financers Real Estate Pvt Ltd alongwith the petitioners. However, there is absolutely no progress in the said matter. 8. Affidavit-in-reply filed by Quepem Police Station show that though a complaint was registered on 19.09.2017 filed by respondent no.2 against the petitioners, 'A' Final Report was submitted to the JMFC. However, such 'A' Final Report was withdrawn and thereafter the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... huge amounts in Indian Companies for the purpose of purchasing flats in Quepem. A copy of FIR No.5/2020 only speaks about offence under Section 120B, 420 of IPC and not in connection with the offence covered under money laundering. 12. The fact remains on record that FIR No.86/2017 registered at Quepem Police Station remains on record and no investigation has been carried in it till date. Report of the Sub-Divisional Police Officer clearly shows that it was a civil dispute in which attempt was made to convert it into a criminal offense. It is now well settled that powers of this Court under Section 482 of CrPC though extraordinary in nature, could be exercised so as to quash the FIRs which are practically considered to be civil disputes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and a rarity than an ordinary rule; viii) Ordinarily, the courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities. The inherent power of the court is, however, recognised to secure the ends of justice or prevent the above of the process by Section 482 Cr.P.C. ix) The functions of the judiciary and the police are complementary, not overlapping; x) Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences; xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 482 Cr.P.C., only has to consider whether or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider on merits whether the allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR. 15. Keeping in mind the above settled proposition of law which emerges from all earlier decisions, first thing is very much clear that in FIR No.86/2017, there is already a report given by the Sub Divisional Officer of Quepem that it was a civil dispute. Even Final Report for grant of 'A' Summary was filed before the Quepem Court and then it was subsequently withdrawn. However, fact remains that compla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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