The High Court of Jharkhand dismissed the petitioners application seeking quashing of an FIR alleging Section 498A and dowry offences. The court held that since facts indicated an offence was made out requiring investigation, the High Court could not quash the FIR at the threshold.
Application for quashing of FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 3254 of 2018
Parichhit Mahato…..…....... Petitioner(s) Versus State of Jharkhand & Anr………… Opp. Party(s)
Coram: Hon’ble Mr. Justice Ananda Sen
For the Petitioner : Mr. Binod Kr. Jha, Advocate For the State : A.P.P.
0/02.03.2020 Heard the parties.
The petitioner, in this application, has prayed for quashing the FIR being Arki P.S. Case No. 20 of 2014, registered for the offence under Sections 498A, 494 & 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Counsel for the petitioner submits that the informant, in fact, is claiming to be the wife of this petitioner though she is not. He submits that the petitioner is already married and living happily with his wife and children. Thus, this case is nothing but has been filed with a malicious intention.
When I go through the FIR, I find that there is allegation against this petitioner that he solemnized marriage with the informant of this case for which and amount of Rs. 45,000/- was given to him by the father of the informant as dowry. Further, there is allegation that the petitioner has also solemnized marriage for the second time and is now torturing the informant. On this background, the FIR has been lodged.
It is settled principle of law that when cognizable offence is made out which needs investigation, the FIR cannot be quashed. Quashing of the FIR means quashing of investigation at the threshhold. No investigation can be quashed at the threshhold if an offence is made out.
In this case, I find that the offence is made out, which needs investigation. The defence of the petitioner also needs to be investigated, which cannot be done by the High Court at this stage. It is the Investigating Officer, who has to consider all these facts and submit report under Section 173 Cr.P.C.
Since, the offence is made out, I am not inclined to quash the FIR. Accordingly, this application stands dismissed.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether an FIR alleging offences under Section 498A IPC and the Dowry Prohibition Act can be quashed under Article 226 when facts indicate an offence is made out and requires investigation.
1 provisions across 1 enactments
Parichhit Mahato
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
