A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 304B and 498A - Quashing of FIR - Petitioners challenged FIR on grounds of abuse of process, arguing that no second FIR could be registered after earlier investigation closed without prosecution. Court held earlier inquiries did not constitute a FIR under Section 154, thus permitting new inquiry based on new evidence of suspicious circumstances. Court emphasized that the investigation must proceed despite potential issues of jurisdiction and delays in filing the second FIR. (Paras 1, 18)

Facts of the case:
Petitioner No. 1 married the deceased in April 1999; she died under suspicious circumstances in September 1999, initially treated as a suicide. Later, a new FIR was registered in 2005 based on fresh allegations of dowry-related cruelty. Petitioners sought quashing of this FIR arguing it was an abuse of process.

Findings of Court:
Previous inquiry did not amount to a cognizable offense which precluded subsequent investigation; thus, the new FIR was not barred as a second FIR.

Issues: The core questions involved whether the previous inquiry constituted an FIR and the implications of jurisdiction for the subsequent registration of a fresh FIR.

Ratio Decidendi: The court ruled Chapter XIII provisions allow investigation continuity despite jurisdictional challenges until factual determinations are complete, supporting the necessity of truthful outcome based on new evidence coming to light.

Result: Petition dismissed, allowing the investigation in connection with the new FIR to continue.

Table of Content
1. factual background of the case. (Para 1 , 2)
2. basis of the new fir registration. (Para 3)
3. petition for quashing fir. (Para 4)
4. claim of abuse of process by petitioners. (Para 5)
5. defense against the petitioners' claims. (Para 6)
6. court's analysis on fir validity. (Para 7 , 12)
7. discussion of fir requirements. (Para 8 , 9 , 10)
8. discussion on fir jurisdiction issues. (Para 11 , 15)
9. assessment of allegations against the petitioners. (Para 14 , 17)
10. conclusion on the continuation of proceedings. (Para 18 , 19)
11. order of the court. (Para 20)

1. This petition under S.482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") has been filed by the petitioners for quashing FIR dated 29.5.2005 registered under Crime No. 194/05 and all connected criminal proceedings by police of Police Station - Bhilai Nagar, District Durg, alleging commission of offence under S.304 - B and S.498 - A read with S.34 of the IPC.

2. The relevant and necessary facts giving rise to instant petition are that petitioner No.1 - Manoj Kumar Sharma was married to Nandani, daughter of R. P. Sharma on 27.4.1999. While the deceased Nandni Sharma was residing with her husband - petitioner No.1, she died in suspicious circumstance on 20th September, 1999. An information in writing (Annexure P - 1) regarding death of Nandani was sent to the Station House Officer of Police Station - Mullana, Ambala Cantt. on that very date i. e. 20th September, 1999 by one P. S. Ghosh, Flying Officer, Security Officer for Commanding Officer of 2207 Squadron Air Force. In the said letter, it was stated that Mrs. Nandani Sharma, wife of petitioner No. 1 died unnatural death on 20th September, 1999. One Sunita Verma, wife of Wing Commander - N. N. Verma was informed and when she went to the house of petitioner No. 1, he was found crying and saying that his wife hanged herself. Deceased - Nandani was then sent to hospital at Ambala for necessary medical care where she was declared dead. Upon receipt of the information, the police of Police Station - Ambala proceeded to hold an inquiry under S.174 of the Code. The dead body was sent for postmortem and also for chemical examination in the Forensic Science Laboratory. The father of the deceased namely R. P. Sharma was informed. The details of the inquiry made under S.174 of the Code were entered in the General Diary by one Balbeer Singh, ASI on 22.9.1999. It was recorded therein that upon receiving information regarding unnatural death, the police went to the place of occurrence and upon inquiry, no offence was found to have been committed. Report of the inquiry made under S.174 of the Code was forwarded to the Sub Divisional Magistrate, Ambala, by the Station House Officer on 24th January 2000 stating that Mrs. Nandani died due to hanging and postmortem was conducted and chemical report from F. S. L. was also obtained. The father of the deceased requested that the remains of the body of the deceased be handed over to him for performing last ceremony and it was also stated in the said report that father of the deceased does not want any further action in the matter of death of his daughter - Nandani. On the basis of the said report, the Superintendent of Police, Ambala, recorded on 19.2.2000 that the deceased died on 20th September, 1999 and no cognizable offence was found to have been committed and the case is therefore closed. This report was accepted and endorsed by the Sub Divisional Magistrate, Ambala. The acceptance report has been placed on record as Annexure P - 8. Simultaneously, an inquiry was also conducted by the Indian Air Force Authority and upon completion of inquiry, the inquiry officer submitted final report on 18.2.2000 (Annexure P - 9) stating that civil police has completed the investigation under S.174 of the Code and no foul play is suspected in the case and therefore the case has been closed and case file sent to Dy. Suptt. of Police Narayangarh for disposal. The

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2012 Supreme(Online)(Chh) 78

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR, JManoj Kumar Sharma – AppellantVersusState – RespondentW.P. No. 2890/05

A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.

Cases Referred (5)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
, J
Manoj Kumar Sharma – Appellant
Versus
State – Respondent
W.P. No. 2890/05