High Court · 2025

Crl.O.P.No.11133 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.04.2025CORAM:THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.O.P.No.11133 of 2025and Crl.M.P.No.7384 of 2025M.Porkodi... PetitionerVs1. State represented by The Inspector of Police, W-4, All Women Police Station, Ennore, Chennai (Crime No.15 of 2024)2.G.Preethi... RespondentsPRAYER: Criminal Original Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 /Section 482 Cr.P.C. to call for the records relating to the case in Crime No.15 of 2024 pending investigation on the file of W-4, All Women Police Station, the first respondent herein and quash the same with regard to the petitioner, the alleged accused no.2.For Petitioner : Mr.G.Mohana KrishnanFor R1 : Mr.A.Gopinath Government Advocate (Crl.Side) ORDERThis Criminal Original Petition has been filed to quash the FIR in Crime No.15 of 2024 on the file of the first respondent police.Page 1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 20252. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record. 3. The case of the prosecution is that, the petitioner is arrayed as A2. A1 is the son of A2. It is alleged that A1, under guise of false promise of marriage had sexual relationship with the defacto complainant. It is further alleged that A1 recorded a video of the said incident and used it to threaten the defacto complainant into maintaining a continued sexual relationship on multiple occasions. When the defacto complainant approached the petitioner's son and questioned regarding their marriage, A1 refused to marry her and threatened her with dire consequences. Hence, the complaint.4. On receipt of the complaint, the first respondent registered FIR in Crime No.15 of 2024 for the offences punishable under Sections 296(b), 115(2), 77, 123, 64, 351(3), 329(4) and 324(4) of BNS, 2023, Section 66E of IT Act and Section 4 of TN Prohibition of Harassment of Women Act.Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 20255. The learned counsel for the petitioner would submit that the petitioner is arrayed as A2. There is no specific overtact as against the petitioner other than being a mother of A1. When the victim came to the house of the petitioner, she refused to get marry with her son. She also threatened with dire consequences. Except these allegations, there are no allegations as against the petitioner.6. A perusal of FIR revealed that the first accused had committed very serious and heinous offence as against the second respondent. When it was questioned to the petitioner, the petitioner abused the second respondent with filthy language and also threatened her with dire consequences.7. That apart, there are specific allegations as against the accused to constitute the offences under Sections 296(b), 115(2), 77, 123, 64, 351(3), 329(4) and 324(4) of BNS, 2023, Section 66E of IT Act and Section 4 of TN Prohibition of Harassment of Women Act. Now, it is in FIR stage, 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 its threshold. This Court finds that the FIR discloses prima facie commission of cognizable offence and as such Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 2025this 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. 8. 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 2025trial 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 not 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.9. Further the Hon'ble Supreme Court of India issued directions in the judgment reported in 2021 SCC Online SC 315 in the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of Maharashtra & ors., as follows :-“23. .................... 7vi) Criminal proceedings ought not to be scuttled at the initial stage;vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;..............xii) The first information report is not an Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 2025encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;.............(xv)When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR; .......”10. In view of the above discussions, this Court is not inclined to quash the First Information Report in Crime No.15 of 2024, on the file of the respondent police. The first respondent is directed to complete the investigation Page 6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 2025in Crime No.15 of 2024 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order. 11. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed. 16.04.2025Internet:YesIndex:Yes/NoSpeaking/Non speaking ordermnPage 7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11133 of 2025G.K.ILANTHIRAIYAN. J,mnTo 1.The Inspector of Police,W-4, All Women Police Station, Ennore,Chennai.2. The Public Prosecutor, High Court, Madras.Crl.O.P.No.11133 of 202516.04.2025Page 8 of 8