Quashing of criminal proceedings must await magistrate's scrutiny when FIR allegations prima facie disclose offences and require trial.

Allegations in the FIR and investigation material were required to be accepted as true at the quashing stage, and they prima facie disclosed offences under Sections 406 and 494 IPC because the complaint alleged a second marriage, misappropriation of dowry articles, and cruelty; the truth of those assertions and proof of essential marriage ceremonies were matters for trial, not for quashing. The High Court also should not have quashed the charge sheet under Section 482 CrPC before the Magistrate applied mind under Sections 190 and 239; the statutory process had to run its course, so the criminal proceedings were restored.

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Issues: (i) Whether the allegations in the first information report and the materials collected during investigation prima facie disclosed offences under Sections 406 and 494 of the Indian Penal Code. (ii) Whether the High Court ought to have quashed the charge sheet under Section 482 of the Code of Criminal Procedure, 1973 before the Magistrate considered the matter under Section 190 and Section 239 of that Code.

Issue (i): Whether the allegations in the first information report and the materials collected during investigation prima facie disclosed offences under Sections 406 and 494 of the Indian Penal Code.

Analysis: The allegations included that the husband had contracted another marriage with the support of the other accused and that a child was born from that union. The complaint also stated that gold ornaments and household articles had been given in marriage and that the wife was subjected to cruelty and driven out of the matrimonial home. At the stage of quashing, those allegations had to be accepted as true for deciding whether a prima facie case was made out. The truthfulness of the allegations and whether the essential ceremonies of the second marriage were proved were matters for trial, not for quashing.

Conclusion: The allegations prima facie disclosed offences under Sections 406 and 494 of the Indian Penal Code, and the High Court's contrary view was incorrect.

Issue (ii): Whether the High Court ought to have quashed the charge sheet under Section 482 of the Code of Criminal Procedure, 1973 before the Magistrate considered the matter under Section 190 and Section 239 of that Code.

Analysis: After submission of the police report, the Magistrate was required to apply judicial mind to whether the facts disclosed an offence and, in a warrant case, to consider discharge under Section 239 if the charge appeared groundless. Interference at the stage of the charge sheet, before the Magistrate exercised that statutory function, was held to be unwarranted. Since the offences were triable by a Magistrate and the accused were not being exonerated from trial itself, the High Court ought to have allowed the statutory procedure to run its course.

Conclusion: The High Court should not have quashed the charge sheet at that stage in exercise of Section 482 of the Code of Criminal Procedure, 1973.

Final Conclusion: The impugned order quashing the charge sheet could not be sustained, and the criminal proceedings were restored to continue in accordance with law.

Ratio Decidendi: In proceedings for quashing, the court must accept the FIR allegations as true at that stage and should not short-circuit the statutory process where those allegations prima facie disclose cognizable offences and the Magistrate has yet to apply mind under the Code of Criminal Procedure, 1973.

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