The main legal point established in the judgment is that the subsequent filing of a complaint cannot be quashed merely because an FIR has been registered on similar facts. The court emphasized the need to obviate multiplicity of proceedings and avoid conflicting findings in parallel judicial proceedings.

JUDGMENT :

Instant petition has been filed for quashing of order dated 29.01.2022 passed by Chief Judicial Magistrate, Koderma whereby and whereunder prima facie case has been made out under Sections 498A, 34 of the Indian Penal Code and process have been directed to be issued against the petitioner/accused persons.

2. The petition has been filed on the ground that earlier on same allegation Purulia (T) P.S. Case No.23 of 2021 was registered on 03.03.2021 under Sections 498A, 323, 325, 326, 307, 34 of the I.P.C. and Section 4 of D.P. Act on the basis of written report lodged by this very complainant against these petitioners and after a week on 10.03.2021, instant petition has been filed on identical charges against same set of accused persons which is impermissible in view of ratio decided in the case of Krishna Lal Chawla & Others Versus State of U.P. & Another passed in Cr. Appeal No.283 of 2021 by Hon’ble Apex Court.

3. It is further submitted that entire family has been implicated in this case on the basis of general and omnibus allegation against the entire family members who are distant in-laws and are not living at the same place and there is no specific allegation against the petitioners in the complaint petition. Reliance in this regard has been placed in the case of Kahkashan Kausar @ Sonam Versus The State of Bihar; 2022 SCC OnLine 162.

4. Learned APP assisted by the learned Counsel on behalf of informant submits that allegation in both the F.I.Rs. and the complaint petitions are different. The present complaint case has been filed because the complainant was assaulted after the institution of FIR incidence which has been specifically referred to in para 9 of the complainant regarding incidence that took place on 07.03.2021. There is concealment of the medical report of the complainant which was annexed with the original complaint petition, which has not been annexed with the instant criminal miscellaneous petition.

5. Having considered the rival submissions it is apparent that authority relied upon by the petitioner will not apply in this case. The fact situation of Krishna Lal Chawla (supra) is distinguishable from the present case, as in that case earlier a charge sheet has been submitted and thereafter concealing this the complaint was filed. The present case is not one, where two FIRs have been lodged with regard to the same incidence by the same informant/complainant against the same accused persons. Here the first case is a FIR and the second is a complaint.

6. Here the moot point for consideration is whether the complainant is forfeited of the right to file a complaint, once an FIR is instituted by him on almost the same fact situation?

7. This Court is of the view that there is no absolute bar to filing of complaint in such circumstance. There can be cases, where investigation is not being completed for one reason or the other and the victim of the offence has no option, but to file a complaint. Section 210 therefore mandates that the Magistrate to stay the inquiry or trial and call for a report in that regarding the matter from the police. The object of this provision is to obviate multiplicity of proceeding arising out of the same incidence and also to avoid conflicting findings in parallel judicial proceedings. It has been held in R.K. Khanna v. State; (2003) 11 SCC 758 that the High Court committed serious error in exercising its power under Section 482 CrPC in quashing the complaint case merely because the Magistrate had not exercised his powers by staying the complaint case under sub-section (1) of Section 210 CrPC and, therefore, the impugned order cannot be sustained.

What Section 210 of the Cr.P.C mandates has been succinctly laid down in the case of Kapil Agarwal v. Sanjay Sharma; (2021) 5 SCC 524

“16. Thus, as per Section 210 CrPC, when in a case instituted otherwise than on a police report i.e. in a complaint case, during the course of the inquiry or trial held by the Magistrate, it appears to