Holding

A court cannot embark upon an enquiry into the reliability or genuineness of allegations in an FIR on the basis of investigation evidence alone; the power to quash under Section 482 must be exercised sparingly.

Summary

A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the investigating agency during the investigation. On appeal, the Supreme Court held that a court cannot assess the reliability or genuineness of the allegations in an FIR solely on the basis of investigation evidence, and that the power to quash under Section 482 is extraordinary and must be exercised sparingly. Consequently, the High Court's order was set aside and the appeal was allowed.

Issues considered

Whether a court may quash an FIR under Section 482 CrPC by evaluating the reliability of the allegations based solely on evidence collected during investigation

Legislation cited

Code of Criminal Procedure, 1973s. 48, s. 482

Subjects

quashing of FIRSection 482 CrPCinvestigation evidenceinherent powers of courtreliability of allegationssparingly exercised power

Judgment

A STATE OF Tfi.MIL NADU
v. ~·
THIRUKKURAL PERUMAL
~"

JANUARY 31, 1995

B [DR. AS. ANAND AND FAIZAN UDDIN, JJ.]

Criminal Law-Criminal Procedure Code-Section 48~uashing of
F.I.R-Cowt cannot embark upon an enquiry as to reliability or genuineness
of allegations made in F.I.R or complaint on the basis of evidence collected
c during investigation only.

An F.1.R was lodged against the respondent alleging commission of
offences under Sections 147/148/342/323/395/SOO(ii) and 109 IPC. The
respondent filed a petition under S.482 Cr. P.C. in the High Court for
quashing of the F.I.R. The High Court quashed the F.I.R. against which
D the present appeal has been filed. J_ '
Allowing the appeal, this Court

HELD : The power of quashing of F .I.R. and criminal proceedings
should be exercised sparingly by the courts. Indeed, the High Court has
E the extra-ordinary or inherent power to reach out injustice and quash the
F.I.R. and criminal proceedings but the same has to be done with cir·
cumspection. The normal process of the criminal trial cannot be cut short
in a rather casual manner. The High Court was not justified in embarking

F
upon an enquiry as to the reliability or genuineness of the allegations made
in the F.I.R. or the complaint on the basis of the evidence collected during
investigation only. [713-G-H]
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-
State of Haryana and Ors. v. Bhajan Lal and Ors., [1992) Supp. 1 SCC
335, relied upon.

G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
218of1995 -
From the Judgment and Order dated 9.11.93 of the Madras High
Court in Cd. O.P. No. 8730 of 1992.

H K.V. Venkataraman for the Appellant.
712
STATE OF T.N. v. T. PERUMAL 713

V<G. Pragasam for the Respondent. A
The following Order of the Court was delivered :
.....
Leave granted.

This appeal arises out of an order made by a learned single Judge B
of the High Court of Judicature at Madras on 9th November, 1993, in
Criminal Original Petition No. 8730/92, Crl. M.P. No. 4794/92 and Crl. M.P.
No. 6765/92. The learned Judge quashed the First Information Report,
Crime No. 246/92 of P.S. Tallakulam, in so far as the respondent is
concerned as also the criminal proceedings emanating therefrom against C
him.

We have gone through the order of the learned Single Judge and
heard learned counsel for the parties.

M.S.K. Shanmugovel Chettiyar lodged a first information report at D
P.S. Tallakulam against the respondents alleging commission of offences
under Sections 147/148/342/323/395/SOO(ii) and 109 IPC. Investigation was
taken in hand and some evidence was collected by the investigating agency.
The respondent filed a. petition under Section 482 Cr.P.C. in the High
Court and by the imugned order the petition was allowed and the proceed-
ings emanating from crime case 246/92 (supra) were quashed. From a bare E
perusal of the order of the learned Single Judge it appears that while
quashing the proceedings reliance, has been placed upon some evidence
collected ..by the investigating agency during the investigation. The ap-
+ proach of the learned Judge in relying upon such evidence, which is yet to
be produced before the trial court, to quash the criminal proceedings in p
crime case No. 246/92 (supra) was not proper. The power of quashing a
FIR and criminal proceeding should be exercised sparingly by the courts.
Indeed, the High Court has the extra-ordinary or inherent power to reach
out injustice and 11uash the First Information Report and criminal proceed-
ings, keeping in view the guidelines laid down by this Court in various
judgments (reference in this connection may be made with advantage to G
State of Ha1yana & Ors. v. Bhajan Lal & Ors., [1992] Supp. 1 SCC 335 but
the same has to be done with circumspection. The normal process of the
criminal trial cannot be cut short in a rather casual manner. The Court, is
not justified in embarking upon an enquiry as to the reliability or genuine- .
ness of the allegations made in the FIR or the complaint on the basis of H
714 SUPREME COURT REPORTS (1995] 1 S.C.R.

A the evidence collec~ed during investigation only while dealing with a peti-
tion under Section 482 Cr.P.C. seeking the quashing of the FIR and the
criminal proceedings. The learned Single Judge apparently fell into an
error in evaluating the genuineness and reliability of the allegations made
in the FIR on the basis of the evidence collected during the investigation.
B The order of the learned Single Judge cannot, therefore, be sustained. This
appeal succeeds and is allowed. The impugned order of the High Court is
hereby set aside.

We clarify that nothing said hereinabove cir by the learned Single
Judge of the High Court in the impuged Judgement shall be construed as
C any expression of opinion on the merits of the case, expressly or impliedly,
and the trial court shall deal with the case uninfluenced by any of the
observations made by the High Court or by this Court.

A.G. Appeal allowed.

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