CRM-M-842-2018 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (136) CRM-M-842-2018 (O & M) Reserved on: 09.07.2026 Date of Pronouncement: 17.07.2026 Date of Uploading : 17.07.2026 Renu Sharma …... Petitioner(s) V/s State of Haryana and ors. ...Respondent(s) CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Rajeev Anand, Sr. Advocate, with Mr. Aryan Singh, Advocate, for the petitioner(s). Mr. Ashok Kumar Khubbar, Addl.A.G., Haryana. Mr. Vivek Lamba, Advocate, for respondent No.2. **** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 482 Cr.P.C. is for quashing of case FIR No.201 dated 30.07.2011 under Sections 167, 420, 467, 468, 471, 120B and 218 IPC registered at Police Station Sector 5, Panchkula (Annexure P-1), Challan dated 17.11.2017 (Annexure P-2) and all consequential proceedings arising therefrom. 2. The present FIR came to be registered at the instance of Satyavir Singh Sheoran, Divisional Forest Officer, Fatehabad and reads as under:- To, The Senior Superintendent of Police, Chandigarh (UT) Subject:-Application for conducting an inquiry into the foregery and manipulating tempering the ACR of applicant and for SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::2:: registration of FIR against the culprits. R/Sir, The applicant submits as under:- 1) That the applicant joined service as a 'Forest Ranger on 07.04.1981 and further was promoted as Haryana Forest Service on 09.07.1999 on the basis of his hard work and having unblemished service record, dedication and scarification to protect the Forest Wealth from "destruction" and "annihilation" without any fear and greed. 2) That according to Punjab Govt. letter No. 126-ASI-64/2377 dated 17.01.64 read with Haryana govt. letter No. 3130-35-71 dated 21.5.1971 and it is settled law that the facts of the confidential report should have brought to the notice of delinquent person during the year of the report and since same should have been recorded with the report itself. In absence of such information or notice, that person is deem to be having good service record. 3) That Govt. of India vide letter No. 1015/2010 ASI dated 07.10.10 has directed that Govt. of Haryana vide letter above stated to submit the names of the officers (State Forest Service) Haryana Cadre for promotion to IFS for the year of 2008, 2009 and 2010 and the applicant was hope full that his name will be included in the list of these officers as his all the ACR were very good/Excellent, but some vested interest were not happy with the promotion to the rank of IFS Haryana Cadre) of the applicant and when confidential report of the applicant was in custody of Superintendent for Financial Commissioner and Principal Secretary to the Govt. of Haryana (Forest) for the period 01.04.09 to 14.07.09 and someone in the office fraudulently with malafide intension and to cause wrongful loss to the applicant, forged and manipulated the ACR of the applicant and word "I agree, which was written by Sh. Jeet Ram, IFS (Rtd) in the ACR of applicant (reviewing authority added words "up to some extent but he is dishonest". 4) That the applicant was shocked to receive the report from the office SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::3:: of Financial Commissioner and Principal Secretary to Govt. of Haryana Forest Department vide memo no. 299-ft-III- 2011/1182 dated 01.02.11 in regard of his ACR and then the applicants served a legal notice u/s 80 CPC to Sh. Jeet Ram, IFS (Rtd) and Sh Jeet Ram, IFS (Rtd) replied in response of this legal notice that he had written only "I agree" and the rest of the word are not in his hand writing and somebody else has added these words later on. 5) That the applicant under RTI requested the office of Principal Chief Conservator of Forests, Haryana for supply of copy of his ACR which was provided to the applicant and applicant sent the certified copy of ACR to Dr. Jassy Anand, Forensic Expert for comparison and the expert prepared his report with photo copy and found that in the ACR column of remarks of reviewing authority dated 28.04.10 there is an addition in the line "I agree upto the extent but he is dishonest is not in one hand and differ with I agree". 6) That the ACR of the applicant was forged and tempered when the name of HFS officers were sent for promotion to the post of IFS (7 nos posts of Haryana cadre) and the candidates who were junior in seniority to the applicant who were at Sr No 8 to 11 in the list will fraudulently in collusion with Suptt. / some junior official in the office of Superintendent for Financial Commissioner & Principal Secretary to Govt. of Haryana Forest Department, Sector-17, New Mini Sectt., Chandigarh. It is requested to your good self that an inquiry be conducted and those who tempered with ACR of applicant fo creat hurdles in my promotion to the post of IFS and forged the official record to destroy the future of applicant, which is a heinous crime should be prosecuted as per law. Applicant SD Satyavir Singh Sheoran. Divisional Forest Officer, Fatehabad. SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::4:: 3. During the course of the investigation, the petitioner came to be nominated as an accused under Section 218 IPC and the challan (Annexure P-2) was submitted against her. 4. The learned Senior counsel for the petitioner contends that as per the allegations, the petitioner had signed/sent a letter dated 14.08.2014 (Annexure P-6) showing that Virender Sharma remained as Superintendent only for one day i.e. 07.10.2010, though, as per the allegations levelled, he remained as Superintendent between 07.10.2010 and 24.10.2010. However, the prosecution has not been able to establish as to how the offence is committed even if Virender Sharma, remained a Superintendent between 07.10.2010 and 24.10.2010. He, therefore, contends that the present FIR (Annexure P-1) and the challan qua the petitioner under Section 218 IPC (Annexure P-2) and all consequential proceedings arising therefrom are liable to be quashed. 5. The learned counsel for the complainant and the counsel for the State, on the other hand, contend that the petitioner is the real sister of accused-Virender Sharma. With a view to aid Virender Sharma, the petitioner provided incorrect information regarding the tenure of Virender Sharma inasmuch as Virender Sharma was shown to have remained a Superintendent only on 07.10.2010 but actually, he remained a Superintendent between 07.10.2010 and 24.10.2010. Therefore, the offence under Section 218 IPC stands prima facie established. Hence, the present petition is liable to be dismissed. 6. I have heard the learned counsel for the parties. SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::5:: 7. Before proceeding further, it would be apposite to refer to the provision(s) of Section 218 IPC which reads as under:- 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.— Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 8. The parameters of quashing of an FIR have been laid down in the judgment of ‘State of Haryana & Ors. v. Bhajan Lal & Ors., (1992) Supp (1) SCC 335’ and the same are reproduced as under:- “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chaper XIV and of the principles of law enunciated by this Court in a serious of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be excercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::6:: guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. "(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2)of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh CRM-M-842-2018 (O & M) ::7:: 7. The prosecution is unable to point out as to how the information supplied vide letter (Annexure P-6) even if containing incorrect particulars regarding the term of Virender Sharma would make out an offence under Section 218 IPC. Once the prosecution is unable to explain as to how the offence is made out even if the allegations of sending a letter with incorrect particulars is accepted to be correct, the proceedings against the petitioner cannot be permitted to continue in view of the judgment in Bhajan Lal (supra). 8. In view of the above, the present petition is allowed and the FIR (Annexure P-1), the Challan dated 17.11.2017 (Annexure P-2) qua the petitioner as well as all consequential proceedings arising therefrom stand quashed. 9. The pending application(s), if any, shall stand disposed of accordingly. July 17, 2026 ( JASJIT SINGH BEDI) sukhpreet JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2026.07.17 18:31 I attest to the accuracy and integrity of this document chandigarh