Madras High Court
V.S.K.Amaranath vs The State Rep By on 8 September, 2022
CRL.O.P.No.21482 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No. 21482 of 2022
and
Crl.MP.No.13944 of 2022
1. V.S.K.Amaranath
2. A.Sundari
3. Indumathi Raghunathan ... Petitioners
Vs.
1. The State rep by
The Inspector of Police,
All Women Police Station,
Tiruvallur
Crime No.9 of 2022
2. Tmt.Kuppabai ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records on the file of the respondent Police in Crime
No.9/2022, and to quash the same by allowing the above Criminal Original
Petition.
For Petitioners : Mr.N.Palanikumar
For R1 : Mr.E.Raj Thilak
Additional Public Prosecutor
Page 1 of 8
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.21482 of 2022
ORDER
This petition has been filed to quash the F.I.R. in Crime No.9 of 2022
registered by the first respondent police for offences punishable under Sections
498(A), 406 and 323 of IPC, as against the petitioners.
2. The case of the prosecution is that the petitioners are in-laws of the
defacto complainant's daughter. It is alleged that the petitioners along with 1st
accused harassed the defacto complainant's daughter by demanding more
dowry. Thereafter, de-facto complainant approached the learned Judicial
Magistrate No.I, Tiruvallur in C.M.P.No.6019 of 2021 for direction to register
the FIR, based on which, the present FIR was said to be registered against the
petitioners and pending investigation at the respondent police.
4. The learned counsel for the petitioners would submit that without any
base, the respondent police registered a case in Crime No.9 of 2022 for the
offences under Sections 498(A), 406 and 323 of IPC of IPC, as against the
petitioners. Hence he prayed to quash the same.
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CRL.O.P.No.21482 of 2022
5. The learned Additional Public Prosecutor would submit that the
investigation is almost completed and the respondent police have only to file
final report.
6. Heard Mr.N.Palani kumar, learned counsel appearing for the
petitioners and Mr.E.Raj Thilak, learned Additional Public Prosecutor
appearing for the first respondent.
7. It is seen from the First Information Report that there are specific
allegations as against the petitioners 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.
8. It is relevant to rely upon the judgment of the Hon'ble Supreme
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CRL.O.P.No.21482 of 2022
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 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
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CRL.O.P.No.21482 of 2022
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 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."
9. In view of the above discussion, this Court is not inclined to
quash the First Information Report. Accordingly, this Criminal Original
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CRL.O.P.No.21482 of 2022
Petition stands dismissed. However, the first respondent is directed to
complete the investigation in Crime No.9 of 2022 and file a final report within
a pe riod of four months from the date of receipt of copy of this Order, before
the jurisdiction Magistrate, if not already filed. Consequently, connected
miscellaneous petitions are closed.
08.09.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
rgm/sma
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.21482 of 2022
To
1. The Inspector of Police,
All Women Police Station,
Tiruvallur
Crime No.9 of 2022
2. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.21482 of 2022
G.K.ILANTHIRAIYAN, J.
Sma/Rgm
CRL.O.P.No. 21482 of 2022
and
Crl.MP.No.13944 of 2022
08.09.2022
https://www.mhc.tn.gov.in/judis
