FIR quashing under S.482 CrPC exceptional if prima facie cognizable offence disclosed; permit investigation.

ORDER

This criminal original petition has been filed praying to quash the FIR in crime No.141 of 2022 on the file of the first respondent.

2. The second respondent lodged complaint alleging that his daughter fell in love with the first accused and married him. Both the family members set up a matrimonial home for them. After some period of time, the parents and some other family members of his son in law also joined with them. Thereafter, all the family members demanded money from the second respondent on the ground that they sustained heavy loss in their company. Further, they also demanded huge dowry from the second respondent. They received huge money and escaped. Their whereabouts are not known and the first accused is also not living with his daughter. On receipt of the said complaint, the first respondent issued CSR.No.209 of 2021. However, no FIR was registered and as such the second respondent was constrained to file a direction petition before this Court in Crl.OP.No.2330 of 2022 and this Court by order dated 02.02.2022 directed the first respondent to register FIR immediately.

Accordingly, the first respondent registered FIR in crime No.141 of 2022 for the offence punishable under Sections 406, 420 & 506(i) of IPC as against four accused persons, in which the petitioners are arrayed as A2 to A4.

3. The learned counsel for the petitioners would submit that the entire transaction is between the first accused and the second respondent. The petitioners are family members of the first accused. Now they have been falsely implicated as accused. He also relied upon the pronote executed by the first accused in favour of the second respondent to the tune of Rs.77,96,950/-. The petitioners have nothing to do with the first accused and in fact, the third petitioner herein is living in Dubai and he has nothing to do with any transaction between the first accused and the second respondent.

4. The learned counsel for the second respondent submits that the first accused is now absconding and his whereabouts are not known. All the family members instigated the first accused to demand more money. All the family members had received huge money from the second respondent and had driven out his daughter from the matrimonial house. Therefore, this Court directed to register FIR and accordingly, FIR was registered against the accused persons. As such, he prayed for dismissal of this criminal original petition.

5. Heard the learned counsel appearing on either side and perused all the materials placed before this Court.

6. On perusal of records, it is revealed that there are specific allegations against all the accused persons. That apart, this Court specifically directed the first respondent to register FIR on the complaint lodged by the second respondent. In fact, already the second respondent approached in Crl.MP.No.5407 of 2025 on the file of the Judicial Magistrate-II, Ponneri for direction under Section 156(3) of Cr.P.C. On such direction, the first respondent conducted enquiry and submitted report. On perusal of the said report, there are specific allegations against all the accused persons and as such, the complaint was transferred to the file of the Inspector of Police, W33 Madhavaram All Women Police Station for appropriate action.

7. Further, the FIR is not an encyclopedia and it need not contain all facts and it cannot be quashed in the 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