Case Note & Summary
The petitioners, Pinkesh Dhiraj Patel and Hiren Kirtikumar Rangani, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the charge-sheet filed under Section 304 read with Section 34 of the Indian Penal Code, 1860 (IPC) and the consequent committal order passed by the Judicial Magistrate First Class to the Sessions Court. The case arose from FIR No. 32/2022 registered at Goregaon Police Station, Mumbai, which led to Session Case No. 280 of 2022. The petitioners argued that the allegations in the FIR did not make out any offence of culpable homicide not amounting to murder, as defined under Section 299 IPC and Exception 2 of Section 300 IPC. They contended that there was no overt act on their part with the intention of causing death or such bodily injury as is likely to cause death. The learned counsel for the petitioners, Mr. Prashant K. Aher, relied on the Supreme Court decision in Shantibhai J. Vaghela and Anr. v. State of Gujarat to support the proposition that in the absence of essential ingredients, criminal proceedings can be quashed. The State, represented by APP Mr. J.P. Yagnik, opposed the petition. The Division Bench of the Bombay High Court, comprising Justice Sunil B. Shukre and Justice M.M. Sathaye, after hearing both sides, held that the FIR allegations conspicuously lacked any intention or knowledge required for culpable homicide. The court found that no case under Section 304 IPC was made out and that continuing the proceedings would be an abuse of process of law. Accordingly, the court allowed the petition, quashed the charge-sheet and the committal order, and discharged the petitioners from the offence under Section 304 read with Section 34 IPC. Rule was made absolute.
Headnote
A) Criminal Law - Culpable Homicide - Section 304 read with Section 34 IPC - Quashing of Charge-Sheet - The court considered whether the FIR allegations disclosed any overt act or intention to cause death or bodily injury likely to cause death as required under Section 299 IPC - Held that in the absence of such ingredients, the charge under Section 304 IPC cannot be sustained and proceedings are liable to be quashed (Paras 1-3).
Issue of Consideration
Whether the allegations in the FIR and charge-sheet make out an offence under Section 304 IPC against the petitioners, or whether the proceedings should be quashed for lack of essential ingredients of culpable homicide.
Final Decision
The petition is allowed. The charge-sheet filed under Section 304 read with Section 34 IPC and the committal order passed by the Judicial Magistrate First Class are quashed. The petitioners are discharged from the offence under Section 304 read with Section 34 IPC. Rule is made absolute.
Law Points
- Culpable Homicide
- Section 304 IPC
- Section 299 IPC
- Exception 2 Section 300 IPC
- Quashing of Criminal Proceedings
- Inherent Powers
Case Details
2023 LawText (BOM) (05) 39
Criminal Writ Petition No. 2879 of 2022
Sunil B. Shukre, M.M. Sathaye
Mr. Prashant K. Aher (for Petitioners), Mr. J.P. Yagnik (APP for Respondent No.1-State)
Pinkesh Dhiraj Patel and Hiren Kirtikumar Rangani
The State of Maharashtra and Savitri Amitkumar Gound
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Nature of Litigation
Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of charge-sheet and committal order.
Remedy Sought
Petitioners sought quashing of charge-sheet under Section 304 read with Section 34 IPC and the committal order passed by the Judicial Magistrate First Class to the Sessions Court.
Filing Reason
Petitioners contended that the FIR allegations did not make out any offence of culpable homicide as there was no overt act or intention to cause death.
Previous Decisions
The Judicial Magistrate First Class had committed the case to the Sessions Court for trial under Section 304 IPC.
Issues
Whether the allegations in the FIR and charge-sheet disclose the essential ingredients of culpable homicide under Section 299 IPC to sustain a charge under Section 304 IPC?
Whether the criminal proceedings against the petitioners should be quashed as an abuse of process of law?
Submissions/Arguments
Petitioners argued that no overt act or intention to cause death or bodily injury likely to cause death is alleged, and relied on Shantibhai J. Vaghela v. State of Gujarat.
Respondent-State opposed the petition, but the court found no substance in the opposition.
Ratio Decidendi
For an offence under Section 304 IPC, the prosecution must establish the ingredients of culpable homicide under Section 299 IPC, including an overt act with intention to cause death or bodily injury likely to cause death. In the absence of such allegations in the FIR, the charge cannot be sustained and proceedings are liable to be quashed to prevent abuse of process.
Judgment Excerpts
It is the submission of the learned counsel for the Petitioners that even though charge-sheet is filed under Section 304 read with Section 34 of the Indian Penal Code against both the Petitioners and although the learned Judicial Magistrate First Class has committed the case to the Sessions Court for its trial for an offence punishable under Section 304 of the Indian Penal Code, the fact is that by no stretch of imagination can it be stated that any offence of culpable homicide not amounting to murder as explained by the Exception 2 of Section 300 of the Indian Penal Code is committed in this case.
He submits that such intention is conspicuously absent from the allegations made in the FIR.
Procedural History
FIR No. 32/2022 was registered at Goregaon Police Station, Mumbai. Charge-sheet was filed under Section 304 read with Section 34 IPC. The Judicial Magistrate First Class committed the case to the Sessions Court, resulting in Session Case No. 280 of 2022. The petitioners then filed Criminal Writ Petition No. 2879 of 2022 before the Bombay High Court seeking quashing of the charge-sheet and committal order.
Acts & Sections
- Indian Penal Code, 1860: 304, 34, 299, 300
- Code of Criminal Procedure, 1973: 482
