Case Note & Summary
The applicant, a practicing advocate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 120/2019 registered at Deoni Police Station, Latur, for offences under Sections 353, 323, 504, 506 of the Indian Penal Code, 1860, and the consequent charge-sheet leading to Regular Criminal Case No. 16/2020 pending before the Judicial Magistrate First Class, Deoni. The informant, a college teacher, alleged that on 03.07.2019, while he was proceeding to a classroom to take a class for 12th standard students at around 2:15 pm, the applicant along with others wrongfully restrained him, questioned him about obstructing information under the Right to Information Act, threatened him with dire consequences, had a scuffle, and obstructed him from performing his duty as a public servant. The informant claimed he immediately lodged a complaint, but the police registered the FIR only on 07.07.2019, allegedly due to the applicant being a practicing advocate. The applicant contended that the complaint was false, fabricated, and motivated by malice, as the informant's nephew was married to the applicant's younger sister in 2017, and there was a family dispute. The court examined the ingredients of Section 353 IPC, which requires that the public servant must be acting in the discharge of his public duty at the time of the alleged obstruction. The court found that the informant was merely proceeding to a classroom and was not actually discharging any public duty when the alleged incident occurred. Therefore, the essential ingredient of Section 353 IPC was not satisfied. The court also noted that the allegations under Sections 323, 504, 506 IPC were vague and lacked specific details. Considering the delay in registration of FIR and the background of family dispute, the court held that the continuation of criminal proceedings would be an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Abuse of Process - FIR lodged against an advocate alleging obstruction of a college teacher (public servant) from discharging duty - Held that the informant was not performing any public duty at the time of incident as he was merely proceeding to a classroom; thus, Section 353 IPC not attracted - FIR quashed (Paras 2-10). B) Indian Penal Code, 1860 - Sections 353, 323, 504, 506 - Ingredients of Offence - Obstruction of public servant - Essential ingredient is that the public servant must be acting in discharge of his public duty - In the present case, the informant was not on duty when allegedly restrained - No offence made out (Paras 4-8). C) Criminal Procedure Code, 1973 - Section 482 - Inherent Powers - Malicious Prosecution - FIR registered after delay of 4 days due to applicant being an advocate - Allegations found to be false and motivated by family dispute - Held that continuation of proceedings would be an abuse of process of law (Paras 5-10).
Issue of Consideration
Whether the FIR and charge-sheet against the applicant, a practicing advocate, for offences under Sections 353, 323, 504, 506 IPC can be quashed under Section 482 CrPC on the ground that the allegations do not make out any offence and the prosecution is malicious.
Final Decision
The application is allowed. FIR Crime No. 120/2019 registered at Deoni Police Station and the consequent charge-sheet (Regular Criminal Case No. 16/2020) pending before the Judicial Magistrate First Class, Deoni, are quashed and set aside.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Abuse of process of law
- Ingredients of Section 353 IPC
- Public servant discharging public duty
- Right to Information Act
- Malicious prosecution
