FIR disclosing prima facie cognizable offence cannot be quashed under S.482 Cr.P.C. at threshold; investigation must proceed.

ORDER

This petition has been filed to quash the F.I.R. in Crime No.72 of

2022 registered by the first respondent police for alleged offences under Sections 294(b) 354 and 506(1) of IPC, as against the petitioner.

2. The case of the prosecution is that on 04.05.2022, the defacto complainant preferred a complaint against the petitioner indicating that the petitioner, who is the brother of her husband, after demise of her father-in-law, abused the defacto complainant by showing private parts and threatened her with dire consequences.

3. The learned counsel appearing for the petitioner would submit that the property in which the defacto complainant is residing, belongs to the petitioner also, in fact, the petitioner’s father-in-law is the absolute owner of the property, however, the 2^nd respondent is attempting to grab the property, when the same was questioned, the defacto complainant lodged a false complaint. Hence he prayed to quash the same.

4. The learned Government Advocate (Crl.Side) appearing for the 1^st respondent would submit that the investigation is almost completed and the respondent police have to file a final report.

5. Heard the learned counsel appearing for the petitioner, learned Government Advocate (Crl.Side) and the learned counsel appearing for the 2^nd respondent and perused the materials placed on record.

6. It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offence, which has to be investigated in depth. Further, even on the date of occurrence, i.e., on 30.03.2022, the 2^nd respondent lodged a complaint through Helpline, 100, however, no action has been taken against the petitioner, finally, only on 06.05.2022, the 1^st respondent has registered FIR as against the accused. 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 and unearth the crime in accordance with the procedures prescribed in the Code. That apart, there are specific allegations as against the petitioner to attract the offences under Sections 294(b), 354 and 506(1) of IPC.

7. The Hon'ble Supreme Court of India 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 light of the statement made on oath tha