Narendra Kumar Jain, J. - (1.) THIS misc. petition under Section 482 Cr.P.C. has been filed by the petitioner praying that FIR No. 105/2010 registered at Police Station Madanganj, District Ajmer for the offences under Section 498A IPC and the proceedings arising out of the aforesaid FIR vide Criminal Case No. 105/2010 pending before the Additional Chief Judicial Magistrate, Kishangarh, District Ajmer may be quashed and set aside. Learned Public Prosecutor has submitted that it is admitted fact that after due investigation, the police has submitted the charge sheet before the competent court in the present matter.
(2.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of the Respondent No. 1 -State and perused the material placed on record. A bare perusal of the impugned FIR would go to show that prima facie offence has been made out. It is settled law that on taking the contents of the FIR on its face value, if it discloses commission of cognizable offence, then the FIR should not be quashed. The truthfulness of the FIR or otherwise allegations made in the FIR could not be gone into at this stage and right to prove the case could not be denied by quashing the FIR.
(3.) IT is indeed trite to state that jurisdiction under Section 482 Cr.P.C. for interfering with the FIR is extremely limited one. In catena of decisions, the Hon'ble Apex Court has held that the Court should take the FIR as the truth for the time being. In case the ingredients of the alleged offences are prima facie made out, then the Court should not interfere with the FIR. As the investigation is arena of the police, the veracity of the FIR can be investigated only by the police, therefore, while exercising it's jurisdiction under Section 482 Cr.P.C. the High Court should refrain from entering into the said arena. Furthermore, while exercising its powers under Section 482 Cr.P.C. at the initial stage of investigation, the High Court is not permitted to consider the evidence, which may be produced by the defence during the course of the trial. At the initial stage, when the investigation is in progress, to enter into the defence would be a premature stage. Therefore, the High Court should be weary of interfering with the investigation and in quashing the FIR at the outset.;