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

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7902 of 2023 and Crl.MP.No.5027 of 2023 Deepak Kumar ... Petitioner Vs.

1.STATE REP BY INSPECTOR OF POLICE, H-5 WASHERMENPET POLICE STATION, NEW WASHERMENPET, CHENNAI (CR.NO.38 of 2023)

2.K.JAGADEESWARI ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the FIR in Cr.No.38 of 2023 pending investigation on the file of the Inspector of Police, H-5 New Washermenpet Police Station, Washermenpet, Chennai District.

For Petitioner : Mr.C.D.Johnson For Respondents For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

For R2 : Mr.G.Mohanakrishnan

ORDER

This criminal original petition has been filed praying to quash the FIR in Cr.No.38 of 2023 pending investigation on the file of the Inspector of Police, H-5 New Washermenpet Police Station, Washermenpet, Chennai District.

2. The case of the prosecution is that complaint was given by the 2nd Respondent/de-facto complainant alleging that the De-facto Complainant is the owner of a gold shop in the name and style of 'Deepak Jewelers’ Thiruvottiyur Highway, Chennai. The de-facto complainant had 4 gram 22 karat gold dollar worth of Rs.17,299/- and she wanted to exchange the said gold dollar in order to purchase brand new 4 gram 22 karat gold bracelet by paying additional sum of Rs.2,000/-. She also purchased a pair of gold earring weighing 1 gram of 22 karat for a sum of Rs.4800/- from the petitioner’s shop. The de-facto complainant was using the gold earrings and on 18/12/2022 since her earrings got damaged, she had gone to a pawn shop at Thiruvottiyur, Raja Salai where she regularly used go to sell damaged gold earrings. On arrival at the pawn shop, she had given the damaged gold earrings which she purchased from the petitioner’s shop for appraisal by the pawn broker. At that time, the pawn broker, after appraisal of the damaged earring, said that the gold earrings are impure and of poor quality. Immediately, the de-facto complainant had called her husband over the phone and informed him of the pawn broker's appraisal. The de-facto complainant, who had purchased the other 4 gram 22 karat gold bracelet, doubted its purity and wanted to check the quality of the same. Hence the de-facto complainant’s husband on 19/12/2022 had taken both earrings and bracelet to a private gold smith 'Ganesh Gold Welding'. At that time, it was informed that the bracelet was only 75.01% pure and the earrings were only 75.10%. Therefore, the petitioner had de-frauded the de-facto complainant by selling impure and low standard gold ornaments saying as 22 karat standard gold. On the complaint given by the de-facto complainant, the 1^st Respondent police, on 26/01/2023, registered a case in Crime No.38 of

2023 against the petitioner for the offences U/s 406 and 420 of IPC.

3. The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the second respondent and even as per the allegation, no offence is made out against the petitioner. There was inordinate delay in registering the FIR. The complaint was lodged on 19.12.2022, whereas FIR was registered on 26.01.2023. Further, there is absolutely no proof to show that the gold articles were purchased from the petitioner’s shop and the second respondent did not even produce any receipt to show that the said jewelleries were purchased from the petitioner’s shop. Hence he prayed to quash the impugned FIR.

4. The learned Government Advocate(crl.side) appearing for the respondent would submit that the investigation in respect of the impugned FIR is yet to be completed. Hence,