Crl. Misc. No.M-11781 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-11781 of 2010 Date of Decision: 23.04.2010 Dinesh Kumar and Rajbir Singh ....Petitioners Versus The State of Haryana and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Gorakh Nath, Advocate for the petitioners. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a petition under Section 482 Cr.P.C for quashing of the case FIR No.82 dated 12.04.2010 under Sections 418, 420, 467, 468, 471 and 506 IPC registered at Police Station Beri, District Jhajjar on the ground that Om Parkash-complainant had lodged this FIR falsely, maliciously and with ulterior motive. The petitioners had not committed any offence and the lodging of the FIR by the complainant was an abuse of the powers of the police by the complainant. While praying for quashing, learned counsel for the petitioners submitted that on 10.02.2010, Dinesh Kumar-petitioner No.1 had given an affidavit on a stamp paper worth Rs.10/- praying that the Agency, which was allotted to him, be transferred in the name of Om Parkash. The agency Crl. Misc. No.M-11781 of 2010 2 was transferred. Om Parkash had given a sum of Rs.5 lacs to Dinesh Kumar on 15.02.2010 and Dinesh Kumar had also given an affidavit on that date that he shall have nothing to do with the said amount of Rs.5 lacs which Om Parkash-complainant would be entitled to withdraw the said money. It was further stated that the complaint that Om Parkash had made a payment of Rs.10 lacs to the petitioners was false. It is further stated that Dharam Singh, Bhim Singh and Nafe Singh had appeared before the police and stated that no payment was made by the complainant to the petitioners in their presence. The complaint was, therefore, false. After hearing learned counsel for the petitioners, I find no ground to quash the FIR. The round raised as above by learned counsel for the petitioners are a matter of investigation and evidence to be finally proved before the trial Court. Therefore, the FIR cannot be quashed at this stage. Reliance has been placed on the judgment of Hon’ble the Apex Court rendered in the case of The State of Haryana and others vs Chaudhary Bhajan Lal and others reported in 1992 Supreme Court Cases (Criminal) 426. The case of the petitioners does not fall under any of the categories laid down by the said judgment and reproduced by the petitioners in para 12 of the petition for quashing of the FIR. However, the present petition is, accordingly, dismissed with liberty to the petitioners to raise all the pleas before the appropriate forum or the Court at an appropriate stage. Dismissed as such. (NIRMALJIT KAUR) 23.04.2010 JUDGE gurpreet