Case Note & Summary
The applicant, Dhondiba Irba Namwad, was the Chief Officer of Municipal Council, Khamgaon, District Buldhana. He filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.80/2015 registered at Police Station Khamgaon for an offence under Section 295 read with Section 34 of the Indian Penal Code, 1860. The FIR was lodged by respondent no.2, Omprakash Narayan Sharma, alleging that after the Ganesh festival, idols of Lord Ganesh that had been immersed in artificial tanks provided by the Municipal Council were found dumped at a garbage site, with some idols attempted to be pushed under the ground by vehicles. The complainant alleged that this was done with the intention of insulting Hindu religion and inciting communal violence. The applicant contended that the allegations did not disclose any offence under Section 295 IPC as there was no deliberate or malicious intention to insult religion. The court examined the ingredients of Section 295 IPC, which requires an act done with deliberate and malicious intention to outrage religious feelings. The court noted that the applicant was acting in discharge of his official duties and there was no material to show any such intention. The court held that the FIR did not make out any offence and quashed the same, along with all consequential proceedings.
Headnote
A) Criminal Law - Quashing of FIR - Section 295 IPC - Deliberate and Malicious Intention - The court examined whether the FIR disclosed an offence under Section 295 IPC, which requires an act done with deliberate and malicious intention to outrage religious feelings. The applicant, as Chief Officer, had acted in discharge of official duties regarding disposal of immersed idols. The court held that the allegations did not show any such intention, and the FIR was liable to be quashed. (Paras 1-30) B) Criminal Procedure Code - Section 482 CrPC - Inherent Powers - Quashing of Criminal Proceedings - The court reiterated that the inherent power under Section 482 CrPC can be exercised to prevent abuse of process of court or to secure ends of justice. Where the allegations in the FIR, even if taken at face value, do not constitute any offence, the proceedings can be quashed. (Paras 1-30)
Issue of Consideration
Whether the allegations in the FIR disclose the essential ingredients of an offence under Section 295 of the Indian Penal Code, particularly the element of deliberate and malicious intention to insult the religion or religious beliefs of any class.
Final Decision
The court allowed the criminal application and quashed FIR No.80/2015 registered at Police Station Khamgaon for offence under Section 295 read with Section 34 IPC, along with all consequential proceedings.
Law Points
- Section 295 IPC requires deliberate and malicious intention to insult religion
- Quashing of FIR under Section 482 CrPC when allegations do not disclose offence
- Official acts done in good faith not constituting offence under Section 295 IPC
