Reliance
is also placed upon a decision of the Apex Court in the case of
State of Kerala v. O.C. Kuttan, (1999)2 SCC 651, for
the proposition that that it is too well settled that the first
information report is only an initiation to move the machinery and
to investigate into a cognizable offence and, therefore, while
exercising the power and deciding whether the investigation itself
should be quashed, utmost care should be taken by the court and at
that stage, it is not possible for the court to sift the materials
or to weigh the materials and then come to the conclusion one way or
the other.
The Supreme Court, as aforediscussed, relied upon its earlier Judgements in STATE OF KERALA v. O.C.KUTTAN, STATE OF U.P. v. O.PSHARMA, and RASHMI KUMAR v. MAHESH KUMAR BHADA, which are a three Judge Bench Judgements. It is thus obvious that it is settled legal position that the High Court can exercise its power under Section 482 of the Cr.P.C. to quash an FIR or a complaint but to do so it should proceed entirely on the basis of the allegations made in the FIR or the complaint, as the case may be. The Court should take utmost care to quash the investigation itself.