Code of Criminal Procedure, 1973: s. 482 – Quashing of FIR/complaint – When – Held: Complaint is to be quashed when no offence is made out by a careful reading of the complaint – On facts, respondent no. 2 filed private complaint u/s. 200 Cr.P.C, which was referred by the court u/s. 156(3) to the police for registration of FIR against the appellants u/ss. 406, 420, 408, 460, 471, 384, 311, 193, 196/120-B IPC – Reading of the complaint, shows that none of the ingredients of any of the offences complained against the appellants made out, thus, it cannot be said that how FIR was registered and charge-sheet was filed – Complaint itself disclosed nothing more than a commercial relationship which broke, as such it was not possible for respondent No.2 to enlarge the scope of his complaint by merely adding the language used in the text of the Penal Code – Furthermore, the appellant No.1 had instituted a civil suit against the respondent, obtained an order for the appointment of a Court Receiver; and also lodged a criminal complaint, which the High Court refused to quashed; and it is only thereafter the respondent No.2 chose to file the said complaint – Also, the High Court erred in overlooking the application for bringing on record the subsequent development of the filing of the charge-sheet and the prayer for inclusion of the relief of quashing of the chargesheet in the original petition – Thus, the FIR and the charge-sheet against the appellants quashed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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