Case Note & Summary
The applicant, Amol Talwadkar, an advocate by profession, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.0033/2019 registered against him at Udgir City Police Station, District Latur, for offences punishable under Sections 353, 504 and 506 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.2, Raju Nagre, a public servant working in the Regional Transport Office, Latur. The incident allegedly occurred on 31st January 2019 when the applicant went to the RTO office for some work and an altercation took place. The complainant alleged that the applicant abused him, threatened him with dire consequences, and assaulted him with a slipper, thereby deterring him from discharging his official duties. The applicant contended that the FIR was false and motivated, and that no such incident occurred. The court examined the FIR and the materials on record to determine whether a prima facie case was made out. The court noted that the complainant himself had not mentioned any assault in his initial complaint to the police, and the CCTV footage did not support the allegation of assault. The court held that the essential ingredients of Section 353 IPC were missing as there was no assault or criminal force used to deter the public servant. Similarly, the ingredients of Sections 504 and 506 IPC were not satisfied as there was no intentional insult or threat causing alarm. The court concluded that the FIR was an abuse of the process of law and liable to be quashed. Accordingly, the application was allowed and the FIR was quashed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash an FIR if the allegations do not disclose a cognizable offence or constitute an abuse of process of law. (Para 1) B) Indian Penal Code - Assault or Criminal Force to Deter Public Servant - Section 353 IPC - Ingredients - To attract Section 353, there must be assault or criminal force with intent to deter a public servant from discharge of duty. Mere verbal altercation without physical assault does not constitute the offence. (Paras 5-6) C) Indian Penal Code - Intentional Insult to Provoke Breach of Peace - Section 504 IPC - Ingredients - The insult must be such as to provoke the person insulted to commit a breach of peace. Absence of any such provocation or intention to provoke negates the offence. (Para 7) D) Indian Penal Code - Criminal Intimidation - Section 506 IPC - Ingredients - Threat to cause injury to person, reputation or property must be with intent to cause alarm. Vague or conditional threats without immediate alarm do not satisfy the requirement. (Para 8)
Issue of Consideration
Whether the FIR registered against the applicant under Sections 353, 504 and 506 of the Indian Penal Code, 1860, deserves to be quashed for want of prima facie case.
Final Decision
Application allowed. FIR No.0033/2019 registered at Udgir City Police Station under Sections 353, 504 and 506 of the Indian Penal Code, 1860, is quashed and set aside.
Law Points
- Quashing of FIR
- Prima facie case
- Ingredients of Section 353 IPC
- Ingredients of Section 504 IPC
- Ingredients of Section 506 IPC
- Abuse of process of law
