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Judgment
Heard learned counsel for petitioners, the learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2.
This petition is filed to quash the proceedings in PCR No.72/2020 wherein allegations are made against the petitioners invoking the offence under Sections 406, 507, 417, 420, 465, 467 and 468 of IPC. When this Court heard the matter in length, noticed that when the private complaint was filed, no affidavit was filed and there is no compliance of Sections 154(1) and 154(3) while filing PCR No.72/2020 and the same is also not pleaded and matter was referred under Section 156(3).
The prayer is sought for quashing the FIR and the complaint in PCR No.72/2019. When there is a fundamental defect in filing the complaint, in view of judgment of the Apex Court in PRIYANKA SRIVASTAVA AND ANOTHER vs. STATE OF UTTAR PRADESH AND OTHERS reported in (2015) 6 SCC 287, there cannot be any proceedings against the petitioners herein.
Learned counsel for the petitioners also brought to notice of this Court that petitioner No.1 is no more and petition is abated and in respect of petitioner No.2/accused No.2 is concerned, it requires interference of this Court exercising the power under Section 482 of Cr.P.C. Hence, it is a fit case to exercise the power under Section 482 of Cr.P.C.
In view of the discussion made above, I pass the following:
ORDER
The criminal petition is allowed.
The proceedings in PCR No.72/2020 filed invoking the offence under Sections 406, 507, 417, 420, 465, 467 and 468 of IPC is quashed in respect of petitioner No.2/accused No.2 is concerned.