TaxTMI 
TaxTMI 
2022 (12) TMI 57
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....l for the petitioner and Mr. Pravin N. Faldessai, Additional Public Prosecutor for the State. 3. Petitioner is praying for the reliefs as under:- 'a) For an order calling for the records and proceedings of impugned FIR bearing no.86/2017 dated 19/09/2017, registered by the Respondent No.1 at the Quepem Police Station, Quepem and upon perusing the same be pleased to quash and set aside the impugned FIR no.86/2017. b) For an order staying further investigation in the impugned FIR no.86/2017 by the Respondent No.1 and further restraining the Respondent No.1 from taking coercive steps and/or coercive action against the Petitioners on the basis of the impugned FIR No.86/2017.' 4. Learned counsel Shri Bhobe appearing for the petitio....
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....at 'A' Summary proceedings filed in connection with FIR No.86/2017 was registered at Final Report no.27/2018 before the learned Magistrate at Quepem. The other 2 Final Summary Reports with the request for grant of 'A' Summary were allowed by the learned Magistrate. However, the Investigating Officer of Quepem Police Station filed an application before the learned Magistrate to permit him to withdraw Final Report No.27/2018 (FIR No. 86/2017) and, accordingly, such prayer was allowed. 7. Learned counsel Shri Bhobe then submits that after withdrawal of Final 'A' Summary from the learned Magistrate, the said FIR no.86/2017 was taken up for further investigations and till date there is no progress at all. The complainant....
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.....2. Subsequently, the said FIR was transferred to Economic Offence Cell and in-charge of the Police Station lodged as under complaint dated 21.08.2020. Therefore, he submit that FIR No.86/2017 no longer survives. 11. Though the main petition mentions about lodging of FIR No.5/2020 by the Economic Offence Cell, the prayer in the petition as quoted above, nowhere seek any relief of quashing of FIR No.5/2020 registered at Economic Offence Cell. Therefore, we are unable to consider such relief in favour of petitioner. Secondly, the allegations in the complaint dated 21.08.2020 show that not only the offence of cheating is involved, but there is possibility of enforcement of the provisions of Money Laundering thereby amounting to money launderi....
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....closed in the first information report the Court will not permit an investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, in the 'rarest of rare cases'. (The rarest of rare cases standard in its application for quashing under Section 482 Cr.P.C. is not to be confused with the norm which has been formulated in the context of the death penalty, as explained previously by this Court); v) 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; vi) Criminal proceedings ought not to be scuttled at the initial stage; vii) Quashing of a complaint/FIR sho....
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....ary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure; xiii) The power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be cautious. It casts an onerous and more diligent duty on the court; xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; and xv) When a prayer for quashing the FIR is made by the alleged accused, the court when it exercises the power under Section 482 ....