Case Note & Summary
The applicants, Chatrabhuj Dadarao Shinde and Shivaji Chatrabhuj Shinde, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, before the Bombay High Court (Aurangabad Bench) seeking quashing of FIR No. 25/2021 registered at Sirsala Police Station, District Beed, for offences under Sections 394 (robbery), 336 (act endangering life or personal safety of others), 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860. The FIR was lodged by respondent No. 2, Sakharam Ramkisan Shinde, alleging that on 23 February 2021 at about 12:45 a.m., while he was sleeping in his farmhouse, the applicants along with two others came armed with a sickle and knife, demanded keys to his cupboard, attacked him causing a knife injury below his left ear, and forcibly took Rs. 20,000 in cash and women's earrings worth Rs. 6,000 from the cupboard. The informant's shouts attracted Manikrao Khandekar and his brother, upon which the accused pelted stones and fled. The informant later lodged the complaint after receiving medical treatment. The applicants contended that the FIR was a counterblast to an earlier FIR No. 26/2021 registered by the wife of applicant No. 1 against the informant. They argued that the allegations were false and motivated. The State opposed the application, submitting that the FIR disclosed a prima facie case. The Court, after hearing both sides, examined the FIR allegations and found that specific overt acts were attributed to the applicants, including the use of weapons, causing injury, and robbery. The Court held that the mere fact that the FIR was a counterblast does not justify quashing when the allegations prima facie constitute cognizable offences. The Court also noted that the investigation was still ongoing and that the veracity of the allegations could only be tested during trial. Consequently, the Court dismissed the application, refusing to quash the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Prima Facie Case - The applicants sought quashing of FIR alleging it was a counterblast to an earlier FIR lodged by their family member. The Court held that when the FIR discloses specific overt acts attributing criminal liability to the applicants, the mere fact that it is a counterblast is not sufficient to quash the proceedings. The Court must examine whether the allegations prima facie constitute an offence. (Paras 1-8) B) Indian Penal Code - Robbery and Hurt - Sections 394, 336, 506 read with 34 IPC - Ingredients of Offence - The FIR alleged that the applicants, armed with a sickle and knife, demanded keys, attacked the informant causing injury, and robbed cash and ornaments. The Court found that these allegations prima facie satisfy the ingredients of robbery, endangering life, and criminal intimidation. Hence, the FIR cannot be quashed at the threshold. (Paras 2-8)
Issue of Consideration
Whether the FIR bearing Crime No. 25/2021 registered against the applicants for offences under Sections 394, 336, 506 read with 34 of the Indian Penal Code should be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The application is dismissed. The FIR No. 25/2021 registered with Sirsala Police Station, Taluka Parli (Vaijnath), District Beed, for offences under Sections 394, 336, 506 read with 34 of the Indian Penal Code is not quashed.
Law Points
- Quashing of FIR under Section 482 CrPC
- Prima facie case
- Counterblast FIR
- Inherent powers of High Court
- Scope of Section 482 CrPC
