Case Note & Summary
The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 158/2009 registered at MIDC CIDCO police station, Aurangabad, for an offence under Section 307 read with Section 34 of the Indian Penal Code. The applicants are accused Nos. 1 to 4: Dr. Shaheen, Dr. Imran, Adeba, and Shaikh Ramzan. Respondent No. 3, Naseem Mamdani, is the second wife of Shaikh Ramzan, while Adeba is the first wife. Shaheen and Imran are the daughter-in-law and son of Ramzan and Adeba. The complainant alleged that on 06.12.2009, the accused attempted to murder her by administering poison and causing injuries. However, the medical examination revealed no poison and only simple injuries. The court noted that the dispute arose from a property disagreement between the parties. The applicants argued that the FIR was a counterblast to civil proceedings and that no prima facie case under Section 307 IPC was made out. The State and respondent No. 3 opposed the quashing. The court analyzed the medical evidence and found that the allegations were not supported. It held that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed both applications and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR under Section 307 IPC alleging attempt to murder by poisoning and assault - Medical evidence showed only minor injuries and no poison detected - Held that continuation of proceedings would be an abuse of process of law and FIR quashed (Paras 1-10). B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Prima Facie Case - Allegations of administering poison and causing injuries - Medical reports negative for poison and injuries simple - Held that no prima facie case for attempt to murder is made out (Paras 4-10). C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Family Property Dispute - FIR lodged in backdrop of civil dispute over property - Held that criminal proceedings cannot be used as a tool to settle civil scores (Paras 4-10).
Issue of Consideration
Whether the FIR and criminal proceedings for an offence under Section 307 read with Section 34 of the Indian Penal Code should be quashed under Section 482 of the Code of Criminal Procedure, 1973, on the ground that no prima facie case is made out and the proceedings are an abuse of the process of law.
Final Decision
Both criminal applications are allowed. FIR No. 158/2009 registered at MIDC CIDCO police station, Aurangabad, and all consequential proceedings are quashed.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Section 307 IPC
- prima facie case
- family dispute
- medical evidence
- abuse of process of law
