CRM No. M 26750 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 26750 of 2010 Date of decision: 13.09.2010 Bhanmati ........ Petitioner Versus State of Haryana .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Umesh Kaushik, Advocate for the petitioner -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 515 dated 29.09.2009, under Sections 392, 120-B of Indian Penal Code, registered at Police Station Thanesar, Kurukshetra. The allegations in the FIR are that Sunil alias Metro son of Sahdev, Honey son of Rattan Lal Saini, Chhunnu alias Dalip son of Ram Dulare and Rajat Verma, residents of Thanesar, snatched a money bag from the complainant containing ` 3,70,000/- at a gun point. While praying for the quashing of the aforesaid FIR, learned counsel for the petitioner submitted that the complainant is one Raghuvir Singla. After the examination-in-chief and cross examination, glaring inconsistencies have surfaced and the case of the prosecution is totally CRM No. M 26750 of 2010 2 shattered. It is stated that the complainant, no doubt, identifies the accused in examination-in-chief but at the time of cross examination, he admits that he identified the accused on the saying of the public. Moreover, the claim of the police about recovery that `40,000/- were recovered from the house of Sunil alias Metro on the basis of his disclosure statement has proved to be totally false because complainant Mr. Raghuvir Singla who was the main witness at the time recovery clearly stated that ` 40,000/- were not recovered in his presence nor he knows the house of Sunil alias Metro nor has ever gone to his house and the police has simply told him that ` 40,000/- have been recovered and obtained his signatures as witness and that the present petitioner was not present in Kurukshetra at the time of occurrence of the crime. Heard. The present petitioner is the mother of Sunil alias Metro. Sunil alias Metro made a disclosure statement to the police that out of his total share of ` 1,70,000/-, he handed over ` 70,000/- to his mother, Rs.60,000/- were spent by him and the rest of ` 40,000/-, he kept in a box in his house. Thereafter, on the basis of the disclosure statement, the police went to the house of the petitioner at Kurukshetra and recovered one blue colour box out of which, ` 40,000/- were taken in possession. While arguing, learned counsel for the petitioner did not deny that ` 40,000/- was indeed recovered. It is also not denied that even the anticipatory bail of the petitioner was dismissed and the petitioner has not put in appearance and nor has joined the investigation till date. Thus, she is evading her arrest. Whether the said Recovery of Rs.40,000/- relates to the case property or not, whether the petitioner is able to explain the payment CRM No. M 26750 of 2010 3 of Rs.40,000/- or not, is a matter of evidence. Even though, complainant has stated that the recovery was not effected in his present, the fact remains that the recovery as such is not denied. Hon' ble the Supreme Court in the case of State of Haryana and others v. Bhajan Lal and others, reported as 1992 Supp (1) Supreme Court Cases 335, issued a word of caution that the inherent powers under Section 482 of the Code of Criminal Procedure should be exercised only to prevent the abuse of process of any court or otherwise to secure the ends of justice. The proposition of law is well settled that the said power should be exercised only when the allegations made in the FIR do not constitute offence. The facts of the present case do not fall in any of the categories as laid down in the aforesaid judgement, wherein, the inherent powers conferred under Section 482 of the Code of Criminal Procedure should be exercised. No ground. Dismissed. (Nirmaljit Kaur) Judge September 13, 2010 mohan