PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.5 of 2023 on the file of the Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai District, to quash the same.

For Petitioner(s): Mr.M.Velmurugan

For Respondent(s): Mr.A.Gopinath Government Advocate (Crl. Side) for R1

Mr.R.Karthik For M/s.R.K.Law Firm for R2

ORDER

This petition has been filed to quash the F.I.R. in Crime No.5 of 2023 registered by the first respondent police for offences under Section 417 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, as against the petitioners.

2. The case of the prosecution is that the second respondent fell in love with the first accused and the petitioners, who are the relatives of the first accused, had also promised to arrange for their marriage. Thereafter, the first accused asked a sum of Rs.9,00,000/- for starting a business and the same was also given by the second respondent’s brother. When the second respondent demanded for marriage, the first accused demanded 30 sovereigns of gold jewels and half a share of their house for which, both the families were agreed for the marriage and the same was fixed after a year. While being so, the third petitioner herein contacted the second respondent and informed that the first accused is not inclined to marry her. When the second respondent contacted the petitioners 1, 2 & 4, they abused her in filthy language and informed that the marriage will not be conducted. Hence, the second respondent lodged a complaint and on receipt of the same, the first respondent registered a FIR in Crime No.5 of 2023 as against the petitioners and another. To quash the said FIR, the petitioners filed the present petition.

3. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.5 of 2021 for the offences under Section 417 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, as against the petitioners. Hence he prayed to quash the same.

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

5. Heard the learned Counsel appearing on either side and perused the materials placed on record.

6. It is seen from the First Information Report that there are specific allegations as against the petitioners to attract the offences, 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 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.

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 th