As per case facts, Ranadeep Ghosal and co-accused operated consultancies falsely claiming affiliation with a German company, Uni-assist e.V., to send students to Germany for higher studies. They allegedly took ...
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dated 20.05.2019 under Sections 420, 406 of Indian Penal Code, registered
at Police Station City Panipat, District Panipat (Annexure P-4), (iv) FIR
No.610 dated 30.09.2019 under Sections 406, 420, 467, 468, 471, 120B of
Indian Penal Code, registered at Police Station DLF, District Gurugram
(Annexure P-5), (v) FIR No.16 dated 10.01.2020 under Sections 420, 467,
468, 471, 506 of Indian Penal Code, registered at Police Station DLF,
District Gurugram (Annexure P-6), (vi) FIR No.132 dated 24.03.2020 under
Sections 406, 420, 467, 468, 471, 120-B of Indian Penal Code, registered at
Police Station DLF, District Gurugram (Annexure P-7), (vii) FIR No.2 dated
16.01.2020 under Sections 420 406 of Indian Penal Code, registered at
Police Station Mulepur, Distt. Fatehgarh Sahib (Annexure P-8), (viii) FIR
No.188 dated 23.05.2020, under Sections 120-B, 406, 420 of Indian Penal
Code, registered at Police Station DLF, District Gurugram (Annexure P-9),
(ix) FIR No.198 dated 03.06.2020 under Sections 120-B, 406, 420 of Indian
Penal Code, registered at Police Station DLF, District Gurugram (Annexure
P-10), (x) FIR No.239 dated 08.07.2020 under Sections 406. 420, 506 of
Indian Penal Code, registered at Police Station DLF, District Gurugram
(Annexure P-11), (xi) FIR No.63 dated 07.02.2021, under Sections 420 of
Indian Penal Code, registered at Police Station DLF, District Gurugram
(Annexure P-12) and (xii) FIR No.219 dated 26.11.2020, under Sections
420, 120-B of Indian Penal Code, registered at Police Station Sector 36,
Chandigarh (Annexure P-13) and all subsequent proceedings arising
therefrom.
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2. The instant petition has been filed seeking quashing of the
captioned FIRs and the gist of the allegations levelled in the said FIRs are as
under:-
(i) FIR No.610 dated 30.09.2019 under Sections 406, 420, 467,
468, 471, 120B of Indian Penal Code, registered at Police
Station DLF, District Gurugram (Annexure P-5).
Complainant:- Rohit Kalluri son of Thirupathi Reddy
Kalluri
As per the allegations, Ashima Malhotra member of Uniglobal
Services reached out to the complainant on the pretext of
sending him to Germany for higher studies. The petitioner
informed the complainant that their consultancy Uniglobal
Services is a Sub-Branch of of UNIASSIST, Germany. The
petitioner repeatedly asked for the deposit of money. The
complainant went to the Visa office and withdrew his
application. He received an E-mail from ‘Andasprachschule’
that the admission letter and accommodation receipt given by
the accused are all false and none of them have been issued by
them.
The other accused named in the FIR are Ashima
Malhotra, Prateek Nepalia, Anant Kumar and Kaushik Bose.
The firms in question are Uniglobal Services Career Pvt. Ltd.
and UNIASSIST EDUTECH Pvt. Ltd. The victims (including
the complainant) were duped of an amount of Rs.39,48,902/-.
(ii) FIR No.392 dated 24.03.2019 under Sections 34, 406, 420
of Indian Penal Code, registered at Police Station Shivaji Nagar,
District Gurugram (Annexure P-2).
Complainant:-Ajay Sharma son of Satish Chand Sharma
As per the allegations levelled, the petitioner assured the
complainant that he was going to Germany to collect the Offer
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Letter of the complainant. He took money from the complainant
to book a room in Germany. However, no such Offer letter was
ever issued despite repeated requests.
The other accused named in the FIR are Ashima
Malhotra, Kaushik Bose and Prateek Nepalia. The firm in
question is Uniglobal Services Career Pvt. Ltd. Though, the
victim(s) (including complainant) were duped of an amount of
Rs.4,49,000/-but an amount of Rs.3,50,000/- has been returned.
Thus, the remaining amount due is Rs.99,000/-.
(iii) FIR No.429 dated 20.05.2019 under Sections 420, 406 of
Indian Penal Code, registered at Police Station City Panipat,
District Panipat (Annexure P-4).
Complainant:-Sumit son of Sushil Kumar
As per the allegations levelled in the FIR, the
complainant came in contact with Anupam Taak who worked in
UNIASSIST EDUTECH Pvt. Ltd. He told them that the main
office is in Berlin, Germany. The A2 Level German Classes
were to begin but despite taking money from the complainant,
no such classes were started. The complainant went to DAAD
(stands for German Academic Exchange Service {in German:
Deutscher Akademischer Austauschdienst}). India Office and it
was found that UNIASSIST, an organisation of the German
Government does not have any branch in India and he came to
know that Directors of UNIASSIST have forged the admission
letters and money receipts issued by ‘Andasprachschule’ to
various students.
The other accused named in the FIR are Ashima
Malhotra, Sandipan Kaviraj, Kaushik Bose and Prateek
Nepalia. The firm in question is UNIASSIST EDUTECH Pvt.
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Ltd. The victim(s) (including complainant) were duped of an
amount of Rs.2,80,000/.
(iv) FIR No.300 dated 25.05.2019 under Sections 406, 420 of
Indian Penal Code, registered at Police Station DLF, District
Gurugram (Annexure P-3).
Complainant:- Amarnath Khudanian
As per the allegations levelled in the FIR, the
complainant wanted to get his daughter Kritika admitted in the
Forensic Sciences Course for which, he got in touch with
UNIASSIST. He met Madhumita and Ashima Malhotra. He
was told that the petitioner was the owner of the Firm. The
petitioner showed an Offer Letter of University ‘Padalbron’.
The daughter of the complainant, on enquiry found that no such
course of Forensic Sciences was available in the aforesaid
University in Germany as promised.
The other accused named in the FIR are Ashima
Malhotra, Madhumita, Sandipan Kaviraj, Prateek Nepalia and
Kaushik Bose. The firm in question is UNIASSIST EDUTECH
Pvt. Ltd. Though, the victim(s) (including complainant) were
duped of an amount of Rs.4,20,000/-but an amount of
Rs.2,00,000/- has been returned. Thus, the remaining amount
due is Rs.2,20,000/-.
(v) FIR No.219 dated 26.11.2020, under Sections 420, 120-B of
Indian Penal Code, registered at Police Station Sector 36,
Chandigarh (Annexure P-13).
Complainant:- Usha Rani wife of Kamal Lal
As per the allegations levelled in the FIR, the accused
assured that they were legally authorized by the German
Government. The accused including the petitioner handed over
a blank agreement paper and asked the complainant to sign the
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same. When asked, they did not provide the agreement and the
admission letter. Money was paid for availing rented
accommodation in Germany. The children of the complainant,
namely, Niharika and Kritika were not sent to Germany and
were not provided accommodation there despite making
payments on their behalf.
The other accused named in the FIR is Ashima Malhotra.
The victim(s) (including complainant) were duped of an
amount of Rs.24,60,000/-.
(vi) FIR No.16 dated 10.01.2020 under Sections 420, 467,
468, 471, 506 of Indian Penal Code, registered at Police Station
DLF, District Gurugram (Annexure P-6).
Complainant:-Iteesha Kohli
As per the allegations, Ashima Malhotra and the
complainant met the petitioner who assured her that her money
would be returned within 02 days. An Arbitrator was appointed
and the parties were to appear before the Faridabad Court.
However, the petitioner did not appear.
The other accused named in the FIR are Ashima
Malhotra and Prateek Nepalia. The firm in question is
UNIASSIST EDUTECH Pvt. Ltd. The victim(s) (including
complainant) were duped of an amount of Rs.16,00,600/- but an
amount of Rs.1,00,000/- was returned to the complainant-Etisha
Kohli only.
(vii) FIR No.2 dated 16.01.2020 under Sections 420 406 of
Indian Penal Code, registered at Police Station Mulepur, Distt.
Fatehgarh Sahib (Annexure P-8).
Complainant:-Lovepreet Kaur daughter of Kuldip Singh
As per the allegations levelled in the FIR, accused
Ashima Malhotra informed the complainant that her Offer
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Letter had been received. The company did not start the A2
Level Course. The complainant was informed that the classes
would be taking place in Germany. The entire money was
taken for the same but no classes were started nor was she sent
to Germany.
The other accused named in the FIR are Ashima
Malhotra, Kaushik Bose and Jahnvi Malhotra. The victim(s)
(including complainant) were duped of an amount of
Rs.5,97,600/-.
(viii) FIR No.132 dated 24.03.2020 under Sections 406, 420,
467, 468, 471, 120-B of Indian Penal Code, registered at Police
Station DLF, District Gurugram (Annexure P-7).
Complainant:- Rahul Sinha son of Ashok Kumar Sinha
As per the allegations, the petitioner alongwith the co-
accused assured the complainant that the admission letter from
the German University would be issued by the end of May,
2019. However, they did not receive any admission letter for
the MBA Course in English for the petitioner. The petitioner
told the complainant that he had to complete the A1 and A2
Level German Course in order to secure admission and then,
would be provided a Language Visa instead of Student Visa.
This was in variance with the original agreement entered into
between the parties.
The other accused named in the FIR are Ashima
Malhotra and Shailaj Srivastav. The firms in question are
UNIFACT EDUTECH Pvt. Ltd. and UNIASSIST EDUTECH
Pvt. Ltd. The victim(s) (including complainant) were duped of a
total amount of Rs.18,91,000/-.
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(ix) FIR No.188 dated 23.05.2020, under Sections 120-B,
406, 420 of Indian Penal Code, registered at Police Station
DLF, District Gurugram (Annexure P-9).
Complainant:- Ravindra Kumar son of Rohtash
As per the allegations, the petitioner stated that if the
complainant failed to get the admission in the University of
Germany, then, they would refund all the money. The original
sponsorship letter was not issued. Therefore, the Embassy
cancelled the Visa of the complainant. M/s UNIASSIST
EDUTECH Pvt. Ltd. was found to be a fake entity and a civil
suit was pending against them.
The other accused named in the FIR are Ashima
Malhotra, Sandipan Kaviraj and Subrtosen, Shailaj Srivastav
and Pooja Bhauria. The firm in question is UNIASSIST
EDUTECH Pvt. Ltd. The victim(s) (including complainant)
were duped of a total amount of Rs.8,78,000/-.
(x) FIR No.198 dated 03.06.2020 under Sections 120-B, 406,
420 of Indian Penal Code, registered at Police Station DLF,
District Gurugram (Annexure P-10).
Complainant:- Sanidul Islam Khan son of Hasen Ali Khan
The complainant, in order to inform the accused
including the petitioner that his German Language Course
would be completed by March, 2020, called many a times but
the phones of the accused persons were switched off and their
office was locked too.
The other accused named in the FIR are Ashima
Malhotra and Sandipan Kaviraj. The firm in question is
UNIASSIST EDUTECH Pvt. Ltd. The victim(s) (including
complainant) were duped of a total amount of Rs.25,42,826/-.
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(xi) FIR No.63 dated 07.02.2021, under Sections 420 of
Indian Penal Code, registered at Police Station DLF, District
Gurugram (Annexure P-12).
Complainant:- Vivek Sharma
As per the FIR, the allegations are that the complainant
came across the accused persons’ Consultancy, namely,
UNIASSIST EDUTECH. Pvt. Ltd. (later changed to UNIFACT
Pvt. Ltd.). The accused persons in order to make wrongful
gains, intentionally delayed the complainant’s German Classes.
Therefore, the duration to complete the A1 and A2 Level
Courses got reduced to one month. Additionally, accused
persons assured the complainant that in order to get admitted in
a prestigious University, he just had to clear the A1 and A2
Levels of German Language and after that the University would
bear the expenses of the entire Language Course and his
Engineering Course would also commence alongwith the
Language Course. But the Visa allotted to the complainant was
only for the Language category and he was not allowed to
pursue any other Course.
The firm in question is UNIASSIST EDUTECH Pvt. Ltd.
The victim(s) (including complainant) were duped of a total
sum of Rs.14,86,200/-.
(xii) FIR No.239 dated 08.07.2020 under Sections 406. 420,
506 of Indian Penal Code, registered at Police Station DLF,
District Gurugram (Annexure P-11).
Complainant:-Sumeet Parmar son of Raj Karan
The complainant got in touch with one Vishakha who got
the complainant to deposit Rs.3,79,426/- in the account of
Uniglobal Services Account on the pretext of studying German
and admission in College in Germany. She was sent to the
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Unique Coaching Institute at Dehradun for the A1 and A2
Classes but the students there told her that the petitioner and
others were cheating the students on the pretext of sending
them to Germany. The money paid into the company account
was not paid to the Unique Coaching Institute as assured. The
complainant, pursuant to the aforesaid payment, tried to reach
out to the accused persons including the petitioner numerous
times to deposit the coaching fee but they refused.
The other accused named in the FIR are Vishakha,
Ashima Malhotra and Sanveer Singh. The firms in question are
UNIASSIST EDUTECH Pvt. Ltd. and UNIFACT EDUTECH
Pvt. Ltd. The victim(s) (including complainant) were duped of a
total sum of Rs.16,92,243/-.
3. The learned counsel for the petitioner contends that the
petitioner has been falsely implicated in these cases. He is not a Director of
the companies referred to in the FIRs but was merely an employee on a
salary. Various students/victims had entered into respective agreements with
the company to study in Germany. If either side did not fulfill their
respective contractual obligations, then, no offence is made out and the
dispute, if any, is primarily of a civil nature. The victims have also
approached the Consumer Dispute Redressal Commission which cases are
pending adjudication. The proceedings emanating out of an FIR No.17
dated 10.01.2022 under Sections 406, 420, 467, 468, 471, 120-B IPC, Police
Station DLF, Sector 29, Gurugram where the allegations are of a similar
nature has been stayed qua the present petitioner. He, therefore, prays that
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the impugned FIRs and consequential proceedings arising therefrom be
quashed.
4. The learned counsel for the respondent/victims contend that the
designation of the petitioner or his official position in the respective
companies is not important. The allegations levelled against the petitioner
and the role played by him are specific in each case. In fact, a German
Company by the name of Uni-assist e.V. had initiated Arbitration
proceedings against the petitioner. During the course of the said Arbitration
proceedings, it was found that the petitioner himself had registered various
domain names akin to the German based company. He stated that he had an
affiliation with UNIASSIST EDUTECH Pvt. Ltd. which goes to show that
it was the petitioner who was the main accused and had set-up these firms
with similar sounding names as the German based entity with an intention to
allure victims with a promise to send them to Germany. In fact, he held out
to the victims that his various companies were subsidiaries of a German
company, namely, Uni-assist e.V. They contend that the Trial against the co-
accused in most of the cases are nearing completion. As the petitioner was
absconding, qua him, the respective reports under Section 173(2) (Section
193(2) BNSS) have been submitted and the case is ripe for Trial. They,
therefore, pray that the present petition is liable to be dismissed.
5. The learned counsel appearing for the newly added respondent
No.16-Ashima Malhotra a co-accused contends that the petitioner is the
main accused. He was the one issuing directions to his other employees as
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is evident from the E-mails (Annexure R-16/B) sent by him. He contends
that the bank accounts of the companies were handled by the petitioner.
Rent cheques in respect of the premises from which the business was being
conducted were issued by the petitioner to the landlord and were
dishonoured. On being dishonoured, proceedings under Section 138 of the
Negotiable Instruments Act are pending against the petitioner. He, therefore,
prays that the present petition is liable to be dismissed.
6. I have heard the learned counsel for the parties.
7. A perusal of the aforementioned FIRs would reveal that
whether the petitioner is identified as a Director or not, there is absolutely no
doubt whatsoever that he is the person running the affairs of the various
companies which he set-up on the pretext of sending persons to Germany for
higher education. He has been duly named in the FIR and specific roles have
been assigned to him. He was issuing directions to the other employees as
per E-mails (Annexure R-16/B). The bank accounts of the company were
being handled by him and the rent for the premises was being paid through
cheques issued by him. The designation of an individual is not material but
the allegations levelled against him and the role played by him in the affairs
of a company are relevant. Therefore, the petitioner cannot avoid his
liability by calling himself an employee or pleading that he was not a
Director of the company.
8. A perusal of the Arbitration Award dated 06.08.2018 (Annexure
R-7/1) would reveal that all the domain names of the accused companies
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have been registered in the name of the petitioner and the relevant extract of
the Award is as under:-
BEFORE THE SOLE ARBITRATOR UNDER ,IN DISPUTE RESOLU TION POLICY
(Appointed by .IN Registry-National Internet Exchange of India)
ARBITRATION AWARD
Disputed Domain Name:<UNI-ASSIST.In>
IN THE MATTER OF:
Uni assist e.V
Ganeststr: 5, 10829
Berlin, Germany … Complainant
….versus….
Ranadeep Ghosal
M-7, Ground Floor,
Old DLF Colony,
Sector 14, Gurgaon,
Haryana, India … Respondent
XXXX XXXX XXX
2. The Domain Name, Registrar and Registrant
The present arbitration proceedings pertain to a dispute
concerning the registration of domain name <uni-assist.in>
with .IN Registry. The Registrant in the present matter is
Ranadeep Ghosal, and the Registrar is GoDaddy.com, LLC.
XXXX XXXX XXXX
8. Respondent's Submisions/Contentions vide Renty dated
June 28, 2018
The Respondent has contended that the Complaint dated May
23, 2018 has not been filed by a duly authorized representative
of the Complainant. That no document evidencing the
authorization of the signatory of the Complaint by the
Complainant has been filed on the record. That the signatory of
the Complaint, therefore, does not have the capacity to file the
present Complaint, which is liable to be dismissed on this score
alone.
The Respondent has contended further that the present
Complaint is liable to be dismissed as the Complainant is in
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fact trying to grab the lawful domain name as belonging to the
Respondent.
The Respondent has submitted in this regard that it is the
registered owner of several domain names, all comprising
primarily of the name/mark "uni-assist", including < uni-
assist.in>, which is the subject matter of the present
proceedings. Such domain name registrations in the name of the
Respondent include: <uni-assist.online>, <uni-assist.biz>,
<uni-assist.info>, <uni-assists.org>, <uni-assist support>,
<uni-assit.asia, uni-assit.co> and <uni-ussist.club. That
despite knowing this fact, the Complainant is trying to grab
only the one domain name (ie. <uni-assist.in) for the reason
that the Complainant is aware that an Indian company is doing
an honest and fair business in India from the said domain name
and in order to keep its monopoly on the world market in this
regard is trying to take control of the said domain name so that
no Indian can rise. That the Complainant has made no attempt
to file complaints against any of the other "uni-assist"-
formative domains as registered by the Respondent and listed
above. That the said domains have been at the disposal and
usage of one M/s Uniassist Edutech Pvt. Ltd., a company
incorporated under the Indian Companies Act, having its
registered address at Ground Floor, M-7, Old DLF Colony,
Sector 14, Gurgaon, Haryana-122001, with whom the
Respondent has entered into a Memorandum of Understanding,
a copy of which document the Respondent has annexed
alongwith the reply. The Respondent has contended that the
present Complaint is liable to be dismissed on account of the
aforesaid.
XXXX XXXXX XXXXX
12. Decision
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Based upon the facts and circumstances and further
relying on the materials as available on the record, the
Arbitrator is of the view that the Complainant has statutory and
proprietary rights over the name/mark "uni-assist"/The
Complainant has herein been able to prove conclusively that:
i. The Registrant's domain name is identical and
confusingly similar to a nave trade mark or service mark
in which the Complainant has rights;
ii. The Registrant has no rights and legitimate interest in
respect of the domain name;
iii. The Registrant's domain name has been registered or
is being used in bad faith.
The Arbitrator therefore allows the prayer of the
Complainant and directs the IN Registry to transfer the domain
< uni-assist.in to the Complainant.
The Award is accordingly passed and the parties are directed to
bear their own costs.
Lucy Rana
Sole Arbitrator
Date: August 06, 2018
Place: New Delhi, India
9. The offences for which the aforementioned cases/FIRs have
been registered are prima facie made out. It was the petitioner and his co-
accused who held out to the victims that the companies referred to in the
respective cases were subsidiaries of a German Company by the name of
Uni-assist e.V. The petitioner and his co-accused took various amounts on
the pretext of sending the victims abroad. However, it transpired that they
had no affiliation with any foreign company or colleges. Various fake
documents/admission letters/accommodation receipts have been shown to
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different victims and on these pretexts, various amounts have been extracted
from the victims. In some cases, the courses for which the victim(s) had
paid money were not available in the institution in Germany.
11. In the context of quashing of an FIR, the Hon’ble Supreme
Court in ‘Dineshbhai Chandubhai Patel versus State of Gujarat and Ors.
(with connected matters) 2018(1) RCR (Criminal) 617’ , has held as under:-
26. The law on the question as to when a registration of the FIR is
challenged seeking its quashing by the accused under Article 226 of
the Constitution or section 482 of the Code and what are the powers
of the High Court and how the High Court should deal with such
question is fairly well settled.
27. This Court in State of West Bengal & Ors. v. Swapan Kumar
Guha & Ors. (AIR 1982 Supreme Court 949) had the occasion to
deal with this issue. Y.V. Chandrachud, the learned Chief Justice
speaking for Three Judge Bench laid down the following principle:
"Whether an offence has been disclosed or not must
necessarily depend on the facts and circumstances of each
particular case. If on a consideration of the relevant materials,
the Court is satisfied that an offence is disclosed, the Court
will normally not interfere with the investigation into the
offence and will generally allow the investigation in the
offence to be completed for collecting materials for proving
the offence.
The condition precedent to the commencement of
investigation under Section 157 of the Code is that the F.I.R.
must disclose, prima facie, that a cognizable offence has been
committed. It is wrong to suppose that the police have an
unfettered discretion to commence investigation under
Section 157 of the Code. Their right of inquiry is conditioned
by the existence of reason to suspect the commission of a
cognizable offence and they cannot, reasonably, have reason
so to suspect unless the F.I.R., prima facie, discloses the
commission of such offence. If that condition is satisfied, the
investigation must go on. The Court has then no power to stop
the investigation, for to do so would be to trench upon the
lawful power of the police to investigate into cognizable
offences."
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28. Keeping in view the aforesaid principle of law, which was
consistently followed by this Court in later years and on perusing the
impugned judgment, we are constrained to observe that the High
Court without any justifiable reason devoted 89 pages judgment
(see-paper book) to examine the aforesaid question and then came to
a conclusion that some part of the FIR in question is bad in law
because it does not disclose any cognizable offence against any of
the accused persons whereas only a part of the FIR is good which
discloses a prima facie case against the accused persons and hence
it needs further investigation to that extent in accordance with law.
29. In doing so, the High Court, in our view, virtually decided all the
issues arising out of the case like an investigating authority or/and
appellate authority decides, by little realizing that it was exercising
its inherent jurisdiction under section
482 of the Code at this stage.
30. The High Court, in our view, failed to see the extent of its
jurisdiction, which it possess to exercise while examining the legality
of any FIR complaining commission of several cognizable offences
by accused persons. In order to examine as to whether the factual
contents of the FIR disclose any prima facie cognizable offences or
not, the High Court cannot act like an investigating agency and nor
can exercise the powers like an appellate Court. The question, in our
opinion, was required to be examined keeping in view the contents of
the FIR and prima facie material, if any, requiring no proof.
31. At this stage, the High Court could not appreciate the evidence
nor could draw its own inferences from the contents of the FIR and
the material relied on. It was more so when the material relied on
was disputed by the Complainants and visa-se-versa. In such a
situation, it becomes the job of the investigating authority at such
stage to probe and then of the Court to examine the questions once
the charge sheet is filed along with such material as to how far and
to what extent reliance can be placed on such material.
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32. In our considered opinion, once the Court finds that the FIR does
disclose prima facie commission of any cognizable offence, it should
stay its hand and allow the investigating machinery to step in to
initiate the probe to unearth the crime in accordance with the
procedure prescribed in the Code.
33. The very fact that the High Court in this case went into the
minutest details in relation to every aspect of the case and devoted
89 pages judgment to quash the FIR in part lead us to draw a
conclusion that the High Court had exceeded its powers while
exercising its inherent jurisdiction under section
482 of the Code. We
cannot concur with such approach of the High Court.
34. The inherent powers of the High Court, which are obviously not
defined being inherent in its very nature, cannot be stretched to any
extent and nor can such powers be equated with the appellate
powers of the High Court defined in the Code. The parameters laid
down by this Court while exercising inherent powers must always be
kept in mind else it would lead to committing the jurisdictional error
in deciding the case. Such is the case here.
The Hon’ble Supreme Court in ‘Muskan versus Ishaan Khan
(Sataniya) and others 2025 INSC 1287’,
22. On the aspect of the powers of the Courts under Section
482 of
the Cr.PC, it is settled that at the stage of quashing, the Court is not
required to conduct a mini trial. Thus, the jurisdiction under Section
482 of the Cr.PC with respect to quashing is somewhat limited as the
Court has to only consider whether any sufficient material is
available to proceed against the accused or not. If sufficient material
is available, the power under Section 482 should not be exercised.
23. This Court in the case of State of Odisha v. Pratima Mohanty
and Others,(2022) 16 SCC 703 held that:
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"8.2. It is trite that the power of quashing should be exercised
sparingly and with circumspection and in rare cases. As per
the settled proposition of law while examining an
FIR/complaint quashing of which is sought, the court cannot
embark upon any enquiry as to the reliability or genuineness
of allegations made in the FIR/complaint. Quashing of a
complaint/FIR should be an exception rather than any
ordinary rule. Normally the criminal proceedings should not
be quashed in exercise of powers under Section
482 CrPC
when after a thorough investigation the charge-sheet has been
filed. At the stage of discharge and/or considering the
application under Section 482 CrPC the courts are not
required to go into the merits of the allegations and/or
evidence in detail as if conducting the mini-trial. As held by
this Court the powers under Section 482 CrPC are very wide,
but conferment of wide power requires the court to be more
cautious. It casts an onerous and more diligent duty on the
Court."
24. Further in the case of Central Bureau of Investigation v. Aryan
Singh and Others, (2023) 18 SCC 399 this Court held that at the
stage of Section 482 of the Cr.PC, the High Court is not required to
conduct a mini trial.
"6. From the impugned common judgment and order [Aryan
Singh v. CBI, 2022 SCC OnLine P&H 4158] passed by the
High Court, it appears that the High Court has dealt with the
proceedings before it, as if, the High Court was conducting a
mini trial and/or the High Court was considering the
applications against the judgment and order passed by the
learned trial court on conclusion of trial. As per the cardinal
principle of law, at the stage of discharge and/or quashing of
the criminal proceedings, while exercising the powers under
Section 482 CrPC, the Court is not required to conduct the
mini trial. The High Court in the common impugned
judgment and order has observed that the charges against the
accused are not proved. This is not the stage where the
prosecution/investigating agency is/are required to prove the
charges. The charges are required to be proved during the trial
on the basis of the evidence led by the
prosecution/investigating agency."
(emphasis supplied)
25. This Court in Neeharika Infrastructure Private Limited (supra)
gave following directions to the Courts exercising the power under
Section 482 of the Cr.PC:
"Conclusions
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33. In view of the above and for the reasons stated above, our
final conclusions on the principal/core issue, whether the
High Court would be justified in passing an interim order of
stay of investigation and/or "no coercive steps to be adopted",
during the pendency of the quashing petition under Section
482 CrPC and/or under Article 226 of the Constitution of
India and in what circumstances and whether the High Court
would be justified in passing the order of not to arrest the
accused or "no coercive steps to be adopted" during the
investigation or till the final report/charge-sheet is filed under
Section 173 CrPC, while dismissing/disposing of/not
entertaining/not quashing the criminal
proceedings/complaint/FIR in exercise of powers under
Section 482 CrPC and/or under Article 226 of the
Constitution of India, our final conclusions are as under:
33.1 ....
33.2. Courts would not thwart any investigation into the
cognizable offences.
33.3. It is only in cases where no cognizable offence or
offence of any kind is disclosed in the first information report
that the Court will not permit an investigation to go on.
33.4. The power of quashing should be exercised sparingly
with circumspection, as it has been observed, in the "rarest of
rare cases" (not to be confused with the formation in the
context of death penalty).
33.5. While examining an FIR/complaint, quashing of which
is sought, the court cannot embark upon an enquiry as to the
reliability or genuineness or otherwise of the allegations made
in the FIR/complaint.
33.6 ....
33.7. Quashing of a complaint/FIR should be an exception
rather than an ordinary rule.
33.8 to 33.11 ....
33.12. The first information report is not an encyclopedia
which must disclose all facts and details relating to the
offence reported. Therefore, when the investigation by the
police is in progress, the court should not go into the merits of
the allegations in the FIR. Police must be permitted to
complete the investigation. It would be premature to
pronounce the conclusion based on hazy facts that the
complaint/FIR does not deserve to be investigated or that it
amounts to abuse of process of law. After investigation, if the
investigating officer finds that there is no substance in the
application made by the complainant, the investigating officer
may file an appropriate report/summary before the learned
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Magistrate which may be considered by the learned
Magistrate in accordance with the known procedure.
33.13 and 33.14 .....
33.15. When a prayer for quashing the FIR is made by the
alleged accused and the court when it exercises the power
under Section
482 CrPC, only has to consider whether the
allegations in the FIR disclose commission of a cognizable
offence or not. The court is not required to consider on merits
whether or not the merits of the allegations make out a
cognizable offence and the court has to permit the
investigating agency/police to investigate the allegations in
the FIR."
(emphasis supplied)
26. Further, this Court in the case of State of Telangana v. Habib
Abdullah Jeelani and Others, (2017) 2 SCC 779 held that:
"13. There can be no dispute over the proposition that
inherent power in a matter of quashment of FIR has to be
exercised sparingly and with caution and when and only when
such exercise is justified by the test specifically laid down in
the provision itself. There is no denial of the fact that the
power under Section 482 CrPC is very wide but it needs no
special emphasis to state that conferment of wide power
requires the Court to be more cautious. It casts an onerous and
more diligent duty on the Court.
14. In this regard, it would be seemly to reproduce a passage
from Kurukshetra University [Kurukshetra University v. State
of Haryana, (1977) 4 SCC 451: 1977 SCC (Cri) 613] wherein
Chandrachud, J. (as his Lordship then was) opined thus :
(SCC p. 451, para 2)
"2. It surprises us in the extreme that the High Court thought
that in the exercise of its inherent powers under Section 482
of the Code of Criminal Procedure, it could quash a first
information report. The police had not even commenced
investigation into the complaint filed by the Warden of the
University and no proceeding at all was pending in any court
in pursuance of the FIR. It ought to be realised that inherent
powers do not confer an arbitrary jurisdiction on the High
Court to act according to whim or caprice. That statutory
power has to be exercised sparingly, with circumspection and
in the rarest of rare cases.""
(emphasis supplied)
27. We are of the view that the High Court has erred in law by
embarking upon an enquiry with regard to credibility or otherwise of
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the allegations in the complaints and the FIR. Normally, for
quashing an FIR, it must be shown that there exists no prime facie
case against the accused persons. In the present case, from the
conjoint reading of the complaints and the FIR, it can be seen that
prime facie allegations of harassment and demand of dowry are
made out, despite that the High Court quashed the FIR against the
private respondents primarily on the ground that the earlier two
complaints that were filed by the appellant did not mention the
specific instances that happened on 22.07.2021 and 27.11.2022 and
the same were later on mentioned in the FIR only as an afterthought
and was a counterblast to the legal notice sent by respondent
no.1/husband to the appellant as she was not coming back to her
matrimonial home. This approach adopted by the High Court, in our
considered opinion, amounts to conducting a mini trial.
11. A perusal of the aforementioned judgments would show that the
Hon’ble Supreme Court has held that at the stage of quashing of an FIR, a
mini Trial is not to be conducted. The reliability or genuineness of the
allegations levelled in the FIR cannot be gone into. Disputed questions of
fact or the defence of an accused cannot be looked into. An FIR should be
quashed in exceptional circumstances where absolutely no offence is made
out. Therefore, the power under Section 482 Cr.P.C. must be exercised
sparingly, with caution and in rare cases.
12. It may also be pointed out that in respect of FIR No.429 dated
20.05.2019 under Sections 420, 406 of Indian Penal Code, registered at
Police Station City Panipat, District Panipat (Annexure P-4), an earlier
petition was filed for quashing of the said FIR which came to be withdrawn
vide order dated 11.01.2023 passed in CRM-M-31169-2023.
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13. In view of the aforementioned discussion, I find no merit in the
present petition and the same stands dismissed.
14. The pending application(s), if any, shall stand disposed of
accordingly.
November 18, 2025 ( JASJIT SINGH BEDI)
sukhpreet JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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