2014 (11) TMI 1282 - SC - Indian Laws

Cheating - dishonest preparation of an agreement for sale of her lands - HELD THAT - The order of the High Court is not in accordance with law and in the facts of the case no interference should have been made with the investigation by the Police by quashing the FIR. The High Court was not justified in interfering with the Police investigation and quashing the FIR. This is not at all a rare case. Without thorough investigation it is not possible or proper to hold whether allegations made by the complainant are true or not. Hence the investigation should have been allowed to continue so that on filing of the report Under Section 173 Code of Criminal Procedure the affected party could pursue its remedy against the report in accordance with law. Keeping in view the fact that the criminal case was at the stage of investigation by the Police the High Court was not justified in holding that the investigation of the impugned FIR is totally unwarranted and that the same would amount to gross abuse of the process of court. The impugned order of the High Court under appeal is set aside. The appeal stands allowed.

Summary

Issues:
Quashing of FIR under Section 482 of the Code of Criminal Procedure based on a factual report submitted by the Investigating Officer.

Analysis:
The accused had approached the High Court seeking the quashing of FIR No. 7 of 2012, registered for various offenses under the Indian Penal Code and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The High Court, relying solely on a factual report submitted by the Investigating Officer, quashed the FIR and related proceedings. The Supreme Court noted that interference with police investigation through quashing of an FIR should only be done in rare cases where the prosecution is malicious and vexatious. The Court emphasized that if the allegations in the FIR prima facie disclose a cognizable offense, interference with the investigation is not proper.

The Supreme Court highlighted that the power under Section 482 of the Code of Criminal Procedure should not be used to quash an FIR as it interferes with the statutory power of the police to investigate cognizable offenses. The Court referenced previous judgments to support the principle that interference with investigation should be limited and rare. The accused argued that the High Court's decision was based on the Investigating Officer's report, which indicated that the allegations were incorrect and possibly a counter blast to a civil action initiated by the accused.

The Supreme Court disagreed with the High Court's decision to quash the FIR, stating that without thorough investigation, it is improper to determine the veracity of the complainant's allegations. The Court emphasized the importance of allowing the investigation to continue so that a comprehensive report could be filed under Section 173 of the Code of Criminal Procedure. The Supreme Court held that the High Court's interference with the police investigation was unwarranted and ordered that the appeal be allowed. The Court directed the Police to complete the investigation promptly and submit the required report to the Magistrate for further legal action, emphasizing fair treatment to both parties without influence from previous court orders.