Case Note & Summary
The petitioner, Harshkumar Khare, a student pursuing M.E. and preparing for UPSC exams, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution seeking quashing of Regular Criminal Case No.434 of 2009 pending before J.M.F.C. Kalyan, in which he was accused no.2. The case arose from a complaint lodged by respondent no.2, Sagar S. Jondhale, against the petitioner and his mother, alleging offences under Sections 417, 420, 464, 466, 468, 471, and 474 IPC. The learned Magistrate on 1.12.2007 ordered police investigation under Section 156(3) CrPC, and after investigation, a charge sheet was filed. The petitioner contended that there was no case against him, the complaint was malicious, and the prosecution was an abuse of process. The court, after hearing arguments, found that the allegations did not make out any offence against the petitioner and that the prosecution was malicious. The court quashed the criminal proceedings against the petitioner.
Headnote
A) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 482 CrPC - High Court can quash proceedings to prevent abuse of process of court - Held that where allegations do not constitute any offence and prosecution is malicious, proceedings can be quashed (Paras 1-4).
Issue of Consideration
Whether the criminal proceedings against the petitioner under Sections 417, 420, 464, 466, 468, 471, 474 IPC should be quashed for lack of evidence and malicious prosecution.
Final Decision
The court quashed the criminal proceedings against the petitioner in Regular Criminal Case No.434 of 2009 pending before J.M.F.C. Kalyan.
Law Points
- Quashing of criminal proceedings
- Inherent powers under Section 482 CrPC
- Malicious prosecution
- Lack of prima facie case
- Abuse of process of law
Case Details
Criminal Writ Petition No.3240 of 2011
Mr. Ravindra K. Adsure, Mr. Vithal Devkhile, Mr. Yogesh Joshi, Mr. Vivek Salunkhe for Petitioner; Mr. J.P. Kharge for State; Mr. R.S. Apte, Mr. Mandar Limaye for Respondent no.2
State of Maharashtra, Sagar S. Jondhale
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Nature of Litigation
Criminal writ petition seeking quashing of criminal proceedings
Remedy Sought
Quashing of Regular Criminal Case No.434 of 2009 pending before J.M.F.C. Kalyan
Filing Reason
Petitioner alleged that the complaint was malicious and lacked substance, and that no case was made out against him
Previous Decisions
Magistrate ordered investigation under Section 156(3) CrPC on 1.12.2007; police filed charge sheet under Section 173(2)(i) CrPC
Issues
Whether the criminal proceedings against the petitioner should be quashed for lack of evidence and malicious prosecution
Submissions/Arguments
Petitioner argued that there is absolutely no case against him, the complaint is malicious, and the prosecution is an abuse of process of court
Ratio Decidendi
The High Court can exercise its inherent powers to quash criminal proceedings where the allegations do not constitute any offence and the prosecution is malicious, to prevent abuse of process of court.
Judgment Excerpts
By this Petition, under Articles 226 and 227 of the Constitution of India, the Petitioner prays that by an appropriate Writ, Order or directions, the criminal proceedings pending before the J.M.F.C.Kalyan vide Regular Criminal Case No.434 of 2009 in which the Petitioner is an Accused, be quashed.
Procedural History
Complaint lodged by respondent no.2 against petitioner and his mother; Magistrate ordered investigation under Section 156(3) CrPC on 1.12.2007; police investigated and filed charge sheet under Section 173(2)(i) CrPC; petitioner filed Criminal Writ Petition No.3240 of 2011 seeking quashing.
Acts & Sections
- Indian Penal Code, 1860: 417, 420, 464, 466, 468, 471, 474
- Code of Criminal Procedure, 1973: 156(3), 173(2)(i)
- Constitution of India: 226, 227
