Case Note & Summary
The petitioner, Ravinder Chohan, a UK resident suffering from nasopharyngeal cancer, filed a criminal complaint in 2015 against respondents 2 to 5 alleging offences under Sections 406, 384, 420, 506(ii), 120-B read with Section 34 of the Indian Penal Code, 1860 (IPC). An FIR was registered and a chargesheet was filed. Due to his terminal illness and inability to travel to India, the petitioner sought to withdraw the complaint and quash the FIR and chargesheet. The High Court of Bombay at Goa, exercising its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), allowed the withdrawal and quashed the FIR and chargesheet, noting that the respondents did not oppose the petition and that continuing the proceedings would be an abuse of process. The court also directed that if the petitioner's condition improves, he may revive the proceedings.
Headnote
A) Criminal Procedure - Withdrawal from Prosecution - Section 321 CrPC - Inherent Powers - Petitioner suffering from nasopharyngeal cancer sought withdrawal of complaint and quashing of FIR due to inability to prosecute - Court allowed withdrawal and quashed FIR and chargesheet in exercise of inherent powers under Section 482 CrPC, holding that continuation of proceedings would be an abuse of process of law given the petitioner's medical condition and lack of opposition from respondents (Paras 1-10).
Issue of Consideration
Whether the petitioner, suffering from terminal cancer and unable to prosecute, should be permitted to withdraw the criminal complaint and whether the FIR and chargesheet should be quashed.
Final Decision
The court allowed the petition, permitted withdrawal of the complaint, and quashed FIR No. 37/15 and the chargesheet. The court also directed that if the petitioner's condition improves, he may revive the proceedings.
Law Points
- Criminal Procedure Code
- 1973 (CrPC) Section 321
- withdrawal from prosecution
- inherent powers of High Court
- quashing of FIR
- non-prosecution due to illness
Case Details
2020 LawText (BOM) (01) 116
Criminal Writ Petition No. 201 of 2019
M.S. Sonak, Smt. M.S. Jawalkar
Mr. Yogesh V. Nadkarni with Mr. Sanket Kamat for Petitioner, Mr. Gaurish Nagvenkar for Respondent No. 1, Mr. Ajit Kantak with Mr. Raunak Kantak for Respondent No. 5
State of Goa, Peter D'Cunha, Tom Ronaldo Rego, Clifford Dias, Ramkuar B. Agarwal
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Nature of Litigation
Criminal writ petition seeking withdrawal of complaint and quashing of FIR and chargesheet due to petitioner's terminal illness.
Remedy Sought
Petitioner sought permission to withdraw the criminal complaint and quash FIR No. 37/15 and the chargesheet.
Filing Reason
Petitioner is suffering from nasopharyngeal cancer and is unable to travel to India to prosecute the complaint.
Previous Decisions
FIR No. 37/15 was registered on 24.04.2015 at Verna Police Station; chargesheet was filed in the Court of Judicial Magistrate.
Issues
Whether the petitioner should be permitted to withdraw the criminal complaint due to his medical condition.
Whether the FIR and chargesheet should be quashed in exercise of inherent powers under Section 482 CrPC.
Submissions/Arguments
Petitioner submitted that he is suffering from nasopharyngeal cancer and is unable to travel to India to prosecute the complaint.
Respondents did not oppose the petition.
Ratio Decidendi
The court held that in exercise of inherent powers under Section 482 CrPC, proceedings can be quashed if continuation would be an abuse of process of law. Given the petitioner's terminal illness and inability to prosecute, and no opposition from respondents, the complaint and FIR were quashed.
Judgment Excerpts
The petitioner, in the present case, is said to be suffering from Nasopharyngeal cancer and he last completed a course of radical dose concurrent chemoradiotherapy in March, 2019.
The petitioner, therefore, seeks permission to withdraw the complaint and also seeks quashing of the FIR and the chargesheet.
In the peculiar facts and circumstances of the present case, we are of the opinion that the petition deserves to be allowed.
Procedural History
On 21.02.2015, petitioner lodged complaint; FIR No. 37/15 registered on 24.04.2015; chargesheet filed; petitioner filed Criminal Writ Petition No. 201 of 2019 seeking withdrawal and quashing; heard on 22.01.2020 and allowed.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 406, 384, 420, 506(ii), 120-B, 34
- Code of Criminal Procedure, 1973 (CrPC): 321, 482
