Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of FIR No.I-11199050220914 of 2022 dated 12.09.2022 registered with Valiya Police Station, District Bharuch for offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (IPC). The applicants, Yuvrajsinh Rajendrasinh Rathod and another, were arraigned as accused Nos.2 and 3, being the son and wife of the main accused No.1. The FIR was lodged by Kersi Dorabji Harmasji Variyava (Parsi), alleging that the agricultural lands originally belonging to his maternal uncle Bhikhaji Ardesar Bharucha were fraudulently transferred by accused No.1 in connivance with the Talati-cum-Mantri by producing a fabricated revenue receipt (pawti) dated 30.09.1986, leading to mutation entry No.1096 dated 06.08.1991. The applicants contended that they had no role in the alleged transaction as the mutation entry was made in 1991, when applicant No.1 (son) was not even born and applicant No.2 (wife) was not married to accused No.1. The court examined the FIR and found no specific allegations against the applicants; they were merely named as family members. The court held that continuing criminal proceedings against them would be an abuse of the process of law and quashed the FIR and all consequential proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Specific Allegations - FIR alleged forgery and cheating against four accused, but applicants (son and wife of main accused) were not attributed any specific overt act - Court held that continuing proceedings would be abuse of process of law - Quashed FIR against applicants (Paras 1-18). B) Indian Penal Code - Cheating and Forgery - Sections 420, 465, 467, 468, 471, 120B - Prima Facie Case - Allegations of fabricating revenue receipt and obtaining mutation entry in 1991 - Applicants were not involved in the alleged transaction as they were not born or married at the time - No prima facie case made out against them (Paras 1-18).
Issue of Consideration
Whether the FIR and criminal proceedings against the applicants (accused Nos.2 and 3) should be quashed under Section 482 CrPC for lack of specific allegations and prima facie case.
Final Decision
The application is allowed. The FIR being No.I-11199050220914 of 2022 registered with Valiya Police Station, District Bharuch and all consequential proceedings arising therefrom are quashed and set aside qua the present applicants only.
Law Points
- Quashing of FIR under Section 482 CrPC
- No prima facie case against family members without specific overt acts
- Criminal proceedings cannot be used as harassment tool
- Vicarious liability not applicable in criminal law
