Quashing of FIR -- Absence of Proof of Demand and Recovery -- Not a ground for quashing under S.482 CrPC
(i) Prevention of Corruption Act, 1988, S.7, S.13 -- Quashing of FIR -- Absence of Proof of Demand and Recovery -- Absence of proof as to demand of illegal gratification and recovery may become a ground for discharge or ultimate acquittal in trial, but cannot become a ground for quashing of an FIR. Such aspects are to be established through evidence during trial and are outside the scope of a petition for quashing. (ii) Criminal Procedure Code, 1973, S.482 -- Quashing of FIR -- Scope of Power Under S.482 CrPC -- Power to quash an FIR is to be exercised sparingly and not as a matter of routine. A High Court entertaining a petition for quashing must refrain from a roving and fishing enquiry into investigative material and confine itself to whether the contents of the FIR, prima facie, disclose commission of a cognizable offence. A mini-trial cannot be conducted at this initial stage.
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