Case Note & Summary
The applicant, Kiran Jaiswal (after marriage Kiran Kanojiya), filed an application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of FIR No.154/2019 registered at Mankapur Police Station, Nagpur, and the consequent charge-sheet. The FIR was lodged by her husband, Sachin Kanojiya (non-applicant No.2), alleging that on 16.05.2019, he found small statues made of flour in his compound; on 26.05.2019, a lemon with a nail and the words 'pushpa mrutyu' written on it; on 30.05.2019, another lemon with a nail and 'Pushpa Shama Mrutyu' written on it with red powder; and on 31.05.2019, an unknown person (Dilip Jaiswal) was found roaming suspiciously, and his mobile phone contained lengthy chats with the applicant. Based on these allegations, the FIR was registered for offences under Sections 307 (attempt to murder), 452 (house-trespass after preparation for hurt), 511 (punishment for attempting to commit offences), and 120B (criminal conspiracy) of the Indian Penal Code, and Section 3 of the Maharashtra Prevention of Eradication of Human Sacrifice and Other Inhumane, Evil and Aghori Practices and Black Magic Act, 2013. The applicant contended that the allegations were a counterblast to a complaint she had lodged against her husband and his family, and that no prima facie case was made out. The State opposed the application, arguing that the applicant had engaged the co-accused for black magic and conspiracy to murder. The court, after hearing the parties, held that the allegations did not make out any offence. The recovery of statues and lemons with nails did not constitute an attempt to murder or conspiracy, and the chats did not indicate any agreement to commit murder. The Black Magic Act was also not attracted. The court found the proceedings to be an abuse of the process of law and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether the allegations in the FIR and charge-sheet made out a prima facie case for the offences alleged. Held that the allegations of finding statues made of flour, lemons with nails and writings, and chats with co-accused did not constitute attempt to murder or conspiracy to murder, and the proceedings were an abuse of process of law. (Paras 2-6) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Ingredients - The court considered whether the acts alleged, including recovery of lemons with nails and chats, amounted to an attempt to murder. Held that there was no act towards the commission of murder, and the mere recovery of such articles did not satisfy the ingredients of Section 307 IPC. (Paras 3-6) C) Indian Penal Code - Criminal Conspiracy - Section 120B IPC - Proof - The court examined whether the chats between the applicant and co-accused established a conspiracy to murder. Held that the chats did not indicate any agreement to commit murder, and the allegations were vague and insufficient to constitute conspiracy. (Paras 3-6) D) Maharashtra Prevention of Eradication of Human Sacrifice and Other Inhumane, Evil and Aghori Practices and Black Magic Act, 2013 - Section 3 - Applicability - The court considered whether the alleged acts of placing lemons with nails and statues fell within the purview of the Act. Held that the Act was not attracted as there was no evidence of human sacrifice or black magic as defined under the Act. (Paras 3-6)
Issue of Consideration
Whether the FIR and charge-sheet alleging offences under Sections 307, 452, 511, 120B IPC and Section 3 of the Maharashtra Prevention of Eradication of Human Sacrifice and Other Inhumane, Evil and Aghori Practices and Black Magic Act, 2013, deserve to be quashed under Section 482 CrPC for lack of prima facie case.
Final Decision
The court allowed the application and quashed FIR No.154/2019 dated 01.06.2019 and charge-sheet No.72/2019.
Law Points
- Quashing of FIR under Section 482 CrPC
- No prima facie case
- Abuse of process of law
- Counterblast to complaint
- Insufficient material for attempt to murder
- Conspiracy not established
- Black Magic Act not attracted
