2005 (5) TMI 695 - SC - Indian Laws

Summary

Issues:
1. Quashing of FIR alleging offences under Sections 498-A and 406 IPC.
2. Premature finding by the High Court under Section 482 of the Code of Criminal Procedure.
3. Consideration of findings of a civil court in a criminal petition for quashing an FIR.
4. Applicability of judgments like V.M.Shah v. State of Maharashtra, State of W.B. v. Swapan Kumar Guha, and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre.

Analysis:
1. The appellant filed a complaint alleging offences under Sections 498-A and 406 IPC against the respondents, leading to the registration of FIR No. 33 dated 1.6.2001 by the Mahila Police Station, Bikaner. The High Court quashed the FIR, stating that it did not disclose any cognizable offence and the allegations were vague. However, the Supreme Court found this premature as the investigation had not even started, directing the police to proceed with the investigation.

2. The High Court, in a Section 482 petition, considered statements made by the appellant in a divorce proceeding with the first respondent. The Supreme Court criticized this premature finding, emphasizing that it was too early for the High Court to make a determination when the investigation had not commenced. The Court highlighted that the agency had not yet assessed whether there was sufficient material to file a charge-sheet.

3. The second respondent relied on a judgment regarding the binding nature of civil court findings on criminal courts. However, the Supreme Court clarified that such considerations are not applicable in a criminal petition for quashing an FIR before an investigation begins. The Court stressed that findings from civil court proceedings should be taken into account by the investigating agency or the court during the charge-sheet filing stage.

4. The second respondent cited various judgments, including State of W.B. v. Swapan Kumar Guha and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre. The Supreme Court determined that these judgments were not relevant to the current case under Section 482 of the Criminal Procedure Code. The Court concluded that the impugned order should be quashed, allowing the appeals and directing the Mahila Police Station, Bikaner, to continue with the investigation of FIR No. 33 dated 1.6.2001.