Madras High Court
Mohamed Salman Khan vs The State Rep By on 5 September, 2022
CRL.O.P.No.17364 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.17364 of 2022
and Crl.MP.No.10509 of 2022
1.Mohamed Salman Khan
2.Suriya Begum
3.Nazeema @ Nasreen
4.Sulthana
5.Rizwana Begum
6.Fahmida Begum ... Petitioners
Vs.
1. The State rep by
The Inspector of Police,
All Women Police Station,
Tiruvannamalai (Crime No.8 of 2022)
2.Shaheera @ Chandini ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying
to call for the records FIR in Crime No.8 of 2022 dated 04.03.2022 on the file of
the first respondent.
For Petitioners : Mr.V.Arunagiri
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor for R1
Mr.B.Jawahar for R2
https://www.mhc.tn.gov.in/judis
Page 1 of 6
CRL.O.P.No.17364 of 2022
ORDER
This petition has been filed to quash the F.I.R. in Crime No.8 of 2022
registered by the first respondent police for offences under Sections 498(A),
313, 342, 406 and 506(2) of IPC and Section 4 of the Muslim Women
(Protection of Rights on Marriage) Act, 2019, as against the petitioners.
2.The learned Counsel appearing for the petitioner would submit that the
petitioners are an innocent person and they have not committed any offence as
alleged by the prosecution. Without any base, the first respondent police
registered a case in Crime No.8 of 2022 for the offences under Sections 313,
342, 406 and 506(2) of IPC and Section 4 of the Muslim Women (Protection of
Rights on Marriage) Act, 2019, as against the petitioners. Hence he prayed to
quash the same.
3.The learned Additional Public Prosecutor would submit that the
investigation is almost completed and the respondent police have only to file
final report.
4. Heard the learned counsel appearing for the petitioners and the learned
Additional Public Prosecutor appearing for the first respondent.
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CRL.O.P.No.17364 of 2022
5.It is seen from the First Information Report that there are specific
allegations as against the petitioner to attract the offence, which has to be
investigated in depth. Further the FIR is not an encyclopedia and it need not
contain all facts and it cannot be quashed in the threshold. This Court finds that
the FIR discloses prima facie commission of cognizable offence and as such this
Court cannot interfere with the investigation. The investigating machinery has to
step in to investigate, grab and unearth the crime in accordance with the
procedures prescribed in the Code.
6.It is relevant to rely upon the judgment of the Hon'ble Supreme Court of
India passed in Crl.A.No.255 of 2019 dated 12.02.2019 in the case of Sau.
Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., as follows:-
"4. The only point that arises for our consideration in
this case is whether the High Court was right in setting aside
the order by which process was issued. It is settled law that
the Magistrate, at the stage of taking cognizance and
summoning, is required to apply his judicial mind only with
a view to taking cognizance of the offence, or in other words,
to find out whether a prima facie case has been made out for
summoning the accused persons. The learned Magistrate is
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CRL.O.P.No.17364 of 2022
not required to evaluate the merits of the material or
evidence in support of the complaint, because the Magistrate
must not undertake the exercise to find out whether the
materials would lead to a conviction or not.
5. Quashing the criminal proceedings is called for
only in a case where the complaint does not disclose any
offence, or is frivolous, vexatious, or oppressive. If the
allegations set out in the complaint do not constitute the
offence of which cognizance has been taken by the
Magistrate, it is open to the High Court to quash the same.
It is not necessary that a meticulous analysis of the case
should be done before the Trial to find out whether the case
would end in conviction or acquittal. If it appears on a
reading of the complaint and consideration of the
allegations therein, in the light of the statement made on
oath that the ingredients of the offence are disclosed, there
would be no justification for the High Court to interfere.
......................
9. Having heard the learned Senior Counsel and
examined the material on record, we are of the considered
view that the High Court ought not to have set aside the
order passed by the Trial Court issuing summons to the
Respondents. A perusal of the complaint discloses that prima
facie, offences that are alleged against the Respondents. The
correctness or otherwise of the said allegations has to be
decided only in the Trial. At the initial stage of issuance of
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CRL.O.P.No.17364 of 2022
process it is not open to the Courts to stifle the proceedings
by entering into the merits of the contentions made on behalf
of the accused. Criminal complaints cannot be quashed only
on the ground that the allegations made therein appear to be
of a civil nature. If the ingredients of the offence alleged
against the accused are prima facie made out in the
complaint, the criminal proceeding shall not be interdicted."
7.In view of the above discussion, this Court is not inclined to quash the
First Information Report. Accordingly, this Criminal Original Petition stands
dismissed. However, considering the crime is of the year 2022, the first
respondent is directed to complete the investigation in Crime No.8 of 2022 and
file a final report within a period of twelve months from the date of receipt of
copy of this Order, before the jurisdiction Magistrate, if not already filed.
Consequently, connected miscellaneous petition is closed.
05.09.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
vkr
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.17364 of 2022
G.K.ILANTHIRAIYAN, J.
vkr
To
1. The Inspector of Police,
All Women Police Station,
Tiruvannamalai
2. The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.17364 of 2022
and Crl.MP.No.10509 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
