LexK. NEELAVENI versus STATE REP. BY INSP. OF POLICE AND ORS.
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[2010] 3 S.C.R. 548 A K. NEELAVENI v. STATE REP. BY INSP. OF POLICE AND ORS. (Criminal Appeal No. 574 of 2010 ) B MARCH 22, 2010 [D.K. JAIN AND C.K. PRASAD, JJ.) Code of Criminal Procedure, 1973 - ss.482, 190 and 239 - Charge sheet under ss.406 and 494 /PC - Quashed c by High Court, even before exercise of discretion by Magistrate under s.190, CrPC - Justification of - Held: On facts, not justified - High Court ought not to have interfered .. when the Magistrate had not even examined as to whether the accused persons deserved to be discharged in terms of D s. 239, CrPC - High Court ought to have allowed the provisions of CrPC its full play - Penal Code, 1860 - ss.406 and 494. On the basis of complaint lodged by the appellant- E wife, police submitted charge-sheet under ss. 406 and 494 IPC against the husband and in-laws of the appellant i.e. respondent nos. 2 to 13. The accused-respondents approached the High Court for quashing of the charge sheet even before any F order was passed by the Magistrate in terms of s.190, CrPC. The High Court quashed the charge-sheet on the groum.i that it did not reveal ingredients constituting G offences under ss.494 and 406. Hence the present appeal. Allowing the appeal, the Court HELD: 1.1. From a perusal of the allegations made in the FIR, it is evident that the appellant-wife has clearly H 548 ' K. NEELAVENI v. STATE REP. BY INSP. OF POLICE 549 AND ORS. alleged that her husband had married another lady and A the said marriage had taken place. in the presence and with the support of other accused persons. The appellant had also stated that from the second marriage a girl child was born. In the FIR, it had clearly been alleged that besides gold ornaments other household articles were B given in marriage and further the appellant was subjected to cruelty and driven out from the matrimonial home by the accused persons. [Para 8) [554-8-0) 1.2. The allegations made in the FIR, at such a stage, C have to be accepted as true, and allegations so made prima facie, constitute offences under ss. 406 and 494, IPC. It has to be borne in mind that while considering the application for quashing of the charge· sheet, the allegations made in the FIR and the materials collected during the course of the investigation are required to be D considered. Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of trial. Essential ceremonies of the Marriage were gone into or not is a matter of trial. [Para 8) [554-0-F] 1.3. The High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under ss. 494 and 406, IPC. [Para 9) [554-G] E F 2. It seems that accused persons approached the High Court for quashing of the charge sheet even before any order was passed by the Magistrate in terms of s.190, CrPC. When a report is submitted to the Magistrate he is required to be prima facie satisfied that the facts disclosed therein constitute an offence. It is trite that the Magistrate is not bound by the conclusion of the investigating G agency in the police report i.e. in the charge sheet and it is open to him after exercise of judicial discretion to take the view that facts disclosed in the report do not constitute any offence for taking cognizance. Quashing of ss.406 and 494, IPC from the charge sheet even before H 550 SUPREME COURT REPORTS [2010] 3 S.C.R. A the exercise of discretion by the Magistrate under s.190, CrPC is undesirable. In the facts and circumstances of the case, quashing of the charge sheet under ss.406 and 494, IPC at this stage in exercise of the power under s.482, CrPC was absolutely uncalled for. [Para 10) [554- B H; 555-A-D] 3. Offences under ss.406, 494 and 498A are triable by a Magistrate, First Class and as all these offences are punishable with imprisonment for a term exceeding two years, the case has to be tried as a warrant case. The C procedure for trial of warrant case by a Magistrate instituted on a police report is provided under Chapter XIX Part A, CrPC. Section 239, CrPC inter alia provides that if upon considering the police report and the document sent with it under s.173 and making such D examination, if any, of the accused and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall
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