IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.02.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5876 of 2025 and Crl.M.P.No.3776 of 2025

1. Ravi

2. R.Prabhavathi

3. Shila @ Sheela

4. Ramesh ... Petitioners Vs

1. The Special Sub-Inspector of Police, Maruvathur P.S. Perambalur District.

Perambalur District.

2. Azhahesan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the FIR in Crime No.241 of 2024 pending on the file of Special Sub-Inspector of Police, Maruvathur P.S.Perambalur District against the petitioners.

For Petitioners : Mr.R.Rajaramani For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Cr.No.241 of 2024 on the file of the first respondent Police.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record.

3. The case of the prosecution is that due to civil dispute, there arose a wordy quarrel between the petitioners and the defacto complainant. It is alleged that the accused abused the defacto complainant in filthy language and also attacked him, thereby causing injuries to the defacto complainant. Hence, the complaint. On receipt of the complaint, the first respondent registered FIR in Crime No.241 of 2024 for the offences punishable under Sections 296(b), 115(2) and 118(1) of BNS, 2023.

4. The learned counsel for the petitioners would submit that for the very same occurrence, there is a counter complaint registered in Crime No.242 of 2024 for the offences punishable under Sections 296(b) and 115(2) of BNS, 2023.

5. A perusal of the FIR in Crime No.241 of 2024 revealed that there are specific allegations as against the petitioners to attract the offences under Sections 294(b), 115(2) and 118(1) of BNS, 2023.

6. That apart, the grounds raised by the petitioners can be considered only before the Trial Court during the Trial. Now, it is in FIR stage. 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 its 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.

7. The Hon'ble Supreme Court of India passed in the judgment reported in 2019 (14) SCC 350 in the case of Sau. Kamal Shivaji Pokarnekar vs. The State of Maharashtra & ors., (Crl.A.No.255 of 2019 dated 12.02.2019 ) held that the learned Magistrate while taking cognizance and summoning, is required to apply his judicial mind only with the view to taking cognizance of the offence whether a prima facie case has been made out for summoning the accused person. The learned Magistrate is not required to evaluate the merits of the materials or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to conviction or not. Only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the complaint/FIR can be taken for consideration for quashment. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by Magistrate, it can be considered for quashment. Therefore, 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 reading of the complaint and consideration of the allegations therein, in the