In a recent judgment, the Supreme Court of India, led by Justices Manoj Misra and J.B. Pardiwala, ruled that the filing of a police report under Section 173(2) of the Criminal Procedure Code (CrPC) does not make a petition to quash an FIR invalid. The case in question, Somjeet Mallick vs. State of Jharkhand & Others (Criminal Appeal No. 2074 of 2024), centered around a dispute over unpaid rent for a truck leased by Mallick. After a police investigation and charge sheet filing, the respondents sought to quash the FIR, arguing that the matter was a civil dispute. The Jharkhand High Court had quashed the FIR, leading Mallick to appeal.
The Supreme Court emphasized that even after a charge sheet is submitted, courts must thoroughly review the investigation materials before quashing an FIR. The ruling pointed out that the High Court failed to consider evidence that could suggest the respondents' dishonest intentions in the rent dispute, which warranted further investigation. The Supreme Court set aside the High Court’s decision, remitting the case for reconsideration, reinforcing the need for judicial scrutiny of the evidence in such cases.
This judgment underscores the importance of not dismissing criminal proceedings prematurely, especially when there are unresolved factual questions, such as intent or dishonesty.
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