FIR Cannot Be Quashed On The LAW Ground Of Non-Holding Of Preliminary Inquiry Into Allegations: MP HC
FIR Cannot Be Quashed Merely Because No Preliminary Inquiry Was Held
1. Understanding Preliminary Inquiry
A preliminary inquiry is an investigation conducted by the police or another authority before registering an FIR (First Information Report).
Its purpose is to assess the credibility of the complaint or to gather basic facts.
However, holding a preliminary inquiry is not mandatory before registering an FIR unless specifically required by law.
2. Legal Position on Preliminary Inquiry
The Criminal Procedure Code (CrPC) does not require that a preliminary inquiry must be conducted before filing an FIR.
The FIR is the first step in the criminal justice process and is based on information received about the commission of a cognizable offence.
The police are duty-bound to register an FIR if the information discloses a cognizable offence (Section 154 CrPC).
3. Why FIR Cannot be Quashed for Non-Holding of Preliminary Inquiry
Courts have consistently held that the lack of preliminary inquiry cannot be a ground to quash an FIR.
Reason: The registration of an FIR is meant to trigger an investigation; it is not a determination of guilt or innocence.
The veracity of allegations and proof of offence are matters for trial and investigation, not for premature quashing.
Quashing of FIR is an extraordinary remedy and cannot be used as a tool to deny a victim their right to get the crime investigated.
4. Role of Courts in Quashing FIRs
Courts interfere with FIRs only in exceptional cases where the FIR is malicious, vexatious, or abuse of process of law.
The Supreme Court and High Courts have repeatedly emphasized that FIRs must not be quashed on mere technical grounds like absence of preliminary inquiry.
The remedy of quashing should not be used to stifle a legitimate complaint or hamper the investigation process.
Relevant Case Law Illustrations (Without External Citations)
a) State of Haryana v. Bhajan Lal (AIR 1992 SC 604)
The Supreme Court laid down grounds where FIR can be quashed.
Non-holding of preliminary inquiry was not one of the grounds.
The court held that unless the FIR is frivolous or without any legal basis, it cannot be quashed merely on procedural grounds.
b) Lalita Kumari v. Government of Uttar Pradesh (AIR 2014 SC 1)
The Supreme Court clarified the mandatory nature of FIR registration on receipt of information disclosing a cognizable offence.
There is no requirement of a preliminary inquiry before registration of FIR, except in limited specified cases.
This ruling reinforced the principle that FIR is the starting point of investigation.
c) State of Madhya Pradesh High Court Observations
The MP High Court has consistently held that the non-holding of preliminary inquiry is no ground to quash the FIR.
The court emphasized that FIR is to be registered on receipt of credible information and investigation will determine the truth.
Quashing an FIR merely because preliminary inquiry was not conducted would amount to denying the complainant access to justice.
Summary
| Ground | FIR Quashing Allowed? |
|---|---|
| Malicious, frivolous complaint | Yes, FIR can be quashed |
| No preliminary inquiry held | No, FIR cannot be quashed on this ground |
| Allegations disclose offence | FIR must be registered and investigation proceeds |
| Complaint is vexatious or motivated | FIR can be quashed |
Conclusion
The absence of a preliminary inquiry before FIR registration is not a valid ground for quashing the FIR.
The legislature and judiciary emphasize prompt registration of FIRs on receipt of information about cognizable offences.
Investigation is the proper forum to verify allegations, and premature quashing on procedural grounds defeats the purpose of criminal justice.
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