Case Note & Summary
The judgment concerns two applications filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) by Salman Khan (a well-known film actor) and his bodyguard, Mohd. Nawaz Iqbal Shaikh, seeking quashing of an order dated 22/03/2022 passed by the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, issuing process against them for offences under Sections 504 and 506 of the Indian Penal Code, 1860 (IPC). The complainant, Ashok Shyamlaal Pandey, a journalist, alleged that on 24/04/2019 at around 4:40 p.m., while he was travelling in his car from Juhu to Kandivali with his cameraman, he noticed Salman Khan riding a bicycle escorted by two persons on a bike. The complainant asked for permission to video shoot, which was initially granted, but later Salman Khan became irked and at his indication, the other accused jumped on the complainant's car and assaulted him. The complainant further alleged that Salman Khan used abusive language and threatened to kill him. The Magistrate issued process based on the complaint and the verification statement of the complainant. The applicants challenged the order on the ground that the allegations did not make out the essential ingredients of Sections 504 and 506 IPC. The High Court examined the complaint and the verification statement and found that the alleged abusive language and threats were vague and did not specify any particular injury or consequence. The court held that to constitute criminal intimidation under Section 506 IPC, the threat must be to cause injury to the person, reputation or property of the complainant, and the accused must intend to cause alarm or cause the complainant to do or omit to do an act. Similarly, for intentional insult under Section 504 IPC, the insult must be such that it would provoke a reasonable person to commit a breach of the public peace. The court found that the allegations were insufficient to meet these standards and that the continuation of proceedings would be an abuse of the process of court. Accordingly, the court allowed both applications and quashed the order issuing process and the criminal proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Criminal Proceedings - Section 482 CrPC - Inherent Power - The High Court can quash criminal proceedings if the allegations do not disclose any offence or if the continuation of proceedings would be an abuse of the process of court. (Paras 1, 26)
B) Indian Penal Code - Criminal Intimidation - Section 506 IPC - Essential Ingredients - To constitute criminal intimidation, the threat must be to cause injury to the person, reputation or property of the complainant, and the accused must intend to cause alarm or cause the complainant to do or omit to do an act. Mere abusive language or vague threats without any specific demand or consequence do not satisfy the ingredients. (Paras 18-22)
C) Indian Penal Code - Intentional Insult - Section 504 IPC - Essential Ingredients - The insult must be intentional and must provoke the person insulted to commit a breach of the public peace or cause the commission of any other offence. The insult must be such that it would provoke a reasonable person to break the peace. (Paras 18-22)
D) Criminal Procedure Code - Issuance of Process - Section 204 CrPC - The Magistrate must apply judicial mind to the complaint and the material on record to ascertain whether a prima facie case is made out. If the allegations are inherently improbable or do not disclose the essential ingredients of the offence, process ought not to be issued. (Paras 23-25)
Issue of Consideration
Whether the allegations in the complaint and the material on record prima facie constitute the offences under Sections 504 and 506 IPC so as to justify issuance of process against the applicants.
Final Decision
Both applications are allowed. The order dated 22/03/2022 passed by the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, issuing process against the applicants for offences under Sections 504 and 506 IPC is quashed and set aside. The criminal proceedings arising therefrom are also quashed.
Law Points
- Criminal intimidation
- intentional insult
- quashing of criminal proceedings
- Section 482 CrPC
- Section 504 IPC
- Section 506 IPC
- essential ingredients of offence
- abuse of process of court
Case Details
2023 LawText (BOM) (03) 71
Criminal Application No.450 of 2022 with Criminal Application No.357 of 2022
Mr.Vikram Sutaria with Mr.Parag Khandhar i/b DSK Legal for the Applicant in APL/450/22, Mr.Abad Ponda, Senior Advocate with Mr.Parag Khandhar i/b DSK Legal for the Applicant in APL/357/22, Ms.P.N.Dabholkar, A.P.P. for the State, Mr.Fazil Hussein for the Respondent No.2
Mohd. Nawaz Iqbal Shaikh and Salman Khan @ Abdul Rashid Salim Salman Khan
The State of Maharashtra & Anr.
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Nature of Litigation
Criminal applications under Section 482 CrPC seeking quashing of order issuing process for offences under Sections 504 and 506 IPC.
Remedy Sought
Quashing of the order dated 22/03/2022 passed by the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, issuing process against the applicants, and quashing of the criminal proceedings.
Filing Reason
The applicants contended that the allegations in the complaint did not make out the essential ingredients of Sections 504 and 506 IPC and that the issuance of process was an abuse of the process of court.
Previous Decisions
The Metropolitan Magistrate, 10th Court at Andheri, Mumbai, passed an order dated 22/03/2022 issuing process against the applicants for offences under Sections 504 and 506 IPC.
Issues
Whether the allegations in the complaint and the material on record prima facie constitute the offences under Sections 504 and 506 IPC?
Whether the order issuing process is liable to be quashed under Section 482 CrPC?
Submissions/Arguments
The applicants argued that the complaint does not disclose the essential ingredients of Sections 504 and 506 IPC. The alleged abusive language and threats are vague and do not specify any particular injury or consequence. The continuation of proceedings would be an abuse of the process of court.
The respondent (State and complainant) argued that the Magistrate had applied judicial mind and found a prima facie case. The allegations of abusive language and threats to kill are sufficient to attract the offences.
Ratio Decidendi
The essential ingredients of criminal intimidation under Section 506 IPC require a threat to cause injury to the person, reputation or property of the complainant, with intent to cause alarm or to cause the complainant to do or omit to do an act. For intentional insult under Section 504 IPC, the insult must be such as to provoke a breach of the public peace. Vague allegations of abusive language and threats without specifying any particular injury or consequence do not satisfy these ingredients. Issuance of process based on such allegations is an abuse of the process of court and liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The two applications before me, invoke the power of this Court under Section 482 of the Criminal Procedure Code (for short, 'the Cr.P.C.'), seeking a relief of quashing of an order dated 22/03/2022, passed by the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, issuing process against them, for committing the offences punishable under Sections 504 and 506 of the Indian Penal Code (for short, 'the IPC').
To constitute criminal intimidation under Section 506 IPC, the threat must be to cause injury to the person, reputation or property of the complainant, and the accused must intend to cause alarm or cause the complainant to do or omit to do an act. Mere abusive language or vague threats without any specific demand or consequence do not satisfy the ingredients.
For intentional insult under Section 504 IPC, the insult must be intentional and must provoke the person insulted to commit a breach of the public peace or cause the commission of any other offence. The insult must be such that it would provoke a reasonable person to break the peace.
Procedural History
On 25/06/2019, the complainant filed a complaint before the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, against the applicants and one unknown person. The Magistrate recorded the verification statement of the complainant and by order dated 22/03/2022 issued process against the applicants for offences under Sections 504 and 506 IPC. The applicants filed Criminal Application No.450 of 2022 and Criminal Application No.357 of 2022 before the High Court under Section 482 CrPC seeking quashing of the order and proceedings. The High Court heard the matter and delivered judgment on 30/03/2023 allowing the applications and quashing the order and proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 482
- Indian Penal Code, 1860 (IPC): Section 504, Section 506
