The inherent power under S. 482 of the Cr.P.C. to quash an FIR should not be invoked when the complaint discloses prima facie cognizable offences; courts must not weigh facts or evidence at the initial stage, allowing the investigating agency to complete its probe.

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.10 of 2019 on the file of the first respondent.

2. The case of the prosecution is that the petitioner received a sum of Rs.35,00,000/- from the defacto complainant on the promise of securing a medical college admission and employment. However, after receipt of the said amount, the petitioner neither secured the admission and employment nor returned the amount to the defacto complainant. It is further alleged that the petitioner threatened the defacto complainant with dire consequences. Hence, the complaint.

3. Based on the complaint lodged by the second respondent, the first respondent registered an FIR in Crime No.10 of 2019 for the offences under Sections 406, 468, 471, 120(B) and 506(i) of IPC. .

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. It is seen from the First Information Report that there are serious allegations as against the petitioner. Further, there are specific allegations 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 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.

6. 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 light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification to interfere. At the initial stage of issuance of process, it is no open to the Court to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Therefore, the criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.

7. Further the Hon'ble Supreme Court of India issued directions in the judgment reported in 2021 SCC Online SC 315