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V. SIVAGNANAM
Subin – Appellant
Versus
State, Represented by The Inspector of Police, Kanyakumari – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the impugned F.I.R in Crime No.41 of 2021 dated 28.01.2021, on the file of the first respondent Police and to quash the same as illegal.)
1. This Criminal Original Petition has been filed to quash the impugned F.I.R in Crime No.41 of 2021 dated 28.01.2021 on the file of the first respondent.
2. The learned counsel for the petitioner submitted that on 18.01.2021, at about 4.00 p.m., the first petitioner was assaulted by the accused and they misused the filthy languages. Therefore, a complaint was registered by the respondent Police in Crime No.29 of 2021 for offences under Sections 448, 294(b), 323, 324, 427, 506(2) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Subsequently, another complaint was preferred by the accused against the petitioners in Crime No.41 of 2021 for offences under Section 341, 294(b), 323, 506(1) of I.P.C. The respondent Police registered the case without any reason. Hence the petitioners filed the present Criminal Original Petition to quash the F.I.R.
3. The learned Additional Public Prosecutor submitted
The Court has the authority to direct the completion of investigation and filing of a final report by the police in pending cases.
The court upheld the completion of investigation and submission of final report, leading to the quashing of the FIR.
FIR quashed based on compromise between parties affirmed by de facto complainant during pending investigation.
Allegations in the FIR warrant investigation to determine their truth, and grounds for quashing the FIR must be valid under Section 482 Cr.P.C.
The court observed that factual disputes cannot be resolved at the quashing stage, directing the police to complete the investigation instead.
The High Court will not quash an FIR under Section 482 of the Cr.P.C. if the allegations prima facie disclose a cognizable offence, as the investigation process should not be stifled at the threshold....
The nature and seriousness of the offence, along with the criminal antecedents of the accused, must be considered when quashing a non-compoundable offence under Section 482 of Cr.P.C.
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