BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. SIVAGNANAM, J.
Subin & Others - Appellant
Versus
The State, Represented by The Inspector of Police, Kanyakumari & Another - Respondent
Crl. OP. (MD). No. 10560 of 2022 & Crl MP. (MD). No. 6605 of 2022
Decided On : 15-06-2022
Criminal Original Petition - Quashing of F.I.R. - Investigation and Final Report - Completion of Investigation
Fact of the Case:
The petitioner filed a petition to quash the impugned F.I.R. in Crime No.41 of 2021, stating that both the petitioner and the accused had filed complaints against each other, and while the investigation in one case was completed, the investigation in Crime No.41 of 2021 was pending.
Finding of the Court:
The Court directed the respondent Police to complete the investigation in Crime No.41 of 2021 within two weeks and file a final report before the concerned Judicial Magistrate.
Issues: Completion of investigation in Crime No.41 of 2021, quashing of the F.I.R.
Ratio Decidendi: The Court found that while the investigation in one case was completed, the investigation in Crime No.41 of 2021 was pending, and therefore directed the respondent Police to complete the investigation and file a final report within two weeks.
Final Decision: The Criminal Original Petition was disposed of with the direction for the completion of the investigation in Crime No.41 of 2021 within two weeks.
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 that the Police received two complaints from the petitioners as well as the accused. One complaint has been registered in Crime No.29 of 2021 and another complaint has been registered in Crime No.41 of 2021. Both the cases are investigated. In Crime No.29 of 2021, final report has been filed before the learned Judicial Magistrate-II, Padmanabhapuram in C.C.No.220 of 2021. With regard to the case in Crime No.41 of 2021, it is submitted that the investigation is pending.
4. I have considered the matter in the light of the submissions made by the learned counsels for both the parties.
5. Admittedly, there is a case in counter. The petitioner given a complaint against the accused and in turn, the accused also given a complaint against the petitioners. Both the cases were registered 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 and Crime No.41 of 2021 for offences under Section 341, 294(b), 323, 506(1) of I.P.C. With regard to the case registered in Crime No.29 of 2021, the Police have completed the investigation and filed a final report before the learned Judicial Magistrate-II, Padmanabhapuram. But in Crime No.41 of 2021, the investigation is not yet completed.
6. In view of the above, this Court directs the respondent Police to complete the investigation in Crime No.41 of 2021 within a period of two (2) weeks from the date of receipt of a copy of this order and file a final report before the concerned Judicial Magistrate.
7. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition stands closed.
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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