Petitioners Nos.1, 2 and 3 are original accused Nos.1, 2 and 3 in the complaint (Annexure-A) bearing C.R.No.I-82 of 2010 registered before Limkheda Police Station. They seek quashing of the said complaint on the ground that the complainant herself has now filed affidavit dated 05.10.2010 stating that the allegations in the complaint were not true and she was compelled to file the said complaint by her father. Said affidavit is produced on record at Annexure-B. I am, however, of the opinion that in the facts and circumstances of the case, it will be unsafe to rely upon the affidavit of the complainant. It would be difficult to judge whether her statement before the police and FIR was made out of her volition and freely, or whether statement in the affidavit on record is her free declaration and what was stated previously was under the force or coercion.
Under the circumstances, I am not inclined to accept the request for quashing. I, however, can not desist from observing that prima facie allegations in the complaint do appear some what desire and would require closure scrutiny before the police can rely on such allegations. It is by now well settled that it is not that the moment FIR is lodged disclosing commission of offences which are cognizable and non bailable, investigating agency must as a matter of rule cause arrest of all the accused. I am sure the investigating agency shall bear in mind these observations and take appropriate steps as may be found necessary in the facts of the present case which may emerge while carrying out the investigation and report on the basis of such material collected shall be filed before the competent Court.
With the above observations, petition is disposed of.
( AKIL KURESHI, J. ) kailash Top