Case Note & Summary
The applicant, Jignesh Girishbhai Makwana, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No. 2601509/PS/2013 pending before the Metropolitan Magistrate, 26th Court, Borivali, Mumbai, arising out of FIR No. 51 of 2013 dated 7th February 2013 registered under Section 309 of the Indian Penal Code, 1860 (IPC). The case was based on a complaint by Dr. Chandrakanta Satyaprakash Verma, who alleged that the applicant attempted to commit suicide by consuming poison. The applicant contended that the medical evidence did not support the allegation, as the chemical analysis report of his blood and urine samples did not detect any poison. The court noted that the complainant's version was inconsistent and that the essential ingredients of Section 309 IPC, namely intention to commit suicide and an act towards that attempt, were not made out. The court observed that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the criminal proceedings against the applicant.
Headnote
A) Criminal Law - Attempt to Suicide - Section 309 Indian Penal Code, 1860 - Quashing of Criminal Proceedings - The applicant was charged under Section 309 IPC for allegedly attempting to commit suicide by consuming poison. The court examined whether the ingredients of the offence were made out. Held that the medical report did not detect any poison in the body of the applicant, and the complainant's version was inconsistent. Therefore, the proceedings were quashed as an abuse of process of law. (Paras 1-5) B) Criminal Procedure - Quashing of FIR - Section 482 Code of Criminal Procedure, 1973 - Inherent Powers - The court held that when the allegations in the FIR and the material on record do not disclose the commission of an offence, the High Court can exercise its inherent powers under Section 482 CrPC to quash the proceedings to prevent abuse of process of law. (Paras 1-5)
Issue of Consideration
Whether the criminal proceedings under Section 309 IPC against the applicant can be quashed when the medical evidence does not support the allegation of consumption of poison and the complainant's version is inconsistent.
Final Decision
The application is allowed. The criminal proceedings in C.C. No. 2601509/PS/2013 pending before the Metropolitan Magistrate, 26th Court, Borivali, Mumbai, arising out of CR No. 51 of 2013 under Section 309 IPC are quashed.
Law Points
- Section 309 IPC requires intention to commit suicide
- attempt to commit suicide
- and an act towards that attempt
- mere consumption of poison without proof of poison in body or intention to die does not constitute an offence under Section 309 IPC
- quashing under Section 482 CrPC is warranted when continuation of proceedings is an abuse of process of law.
