Case Note & Summary
The applicants, Sitaram Madhavrao Wagh and Raosaheb Trimbak Tarde, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Crime No.5 of 2006 registered at Police Station Ambad, District Jalna, under Section 354 read with Section 34 of the Indian Penal Code, 1860, and all proceedings arising therefrom. The background of the case is that the complainant, Tarabai Babasaheb Kalunke, had earlier filed a complaint against the applicants under Section 376 IPC (rape), which was investigated and resulted in a charge-sheet. However, the applicants were acquitted in that case. Subsequently, the complainant filed the present FIR alleging that on 5th January 2006, the applicants outraged her modesty by catching her hand and pulling her saree. The applicants contended that the FIR was false and malicious, filed as a counterblast to their acquittal in the rape case. They argued that continuing the proceedings would be an abuse of the process of law. The State and the complainant opposed the application. The High Court, after hearing the parties, observed that the allegations in the FIR were false and that the complainant had a history of filing false cases against the applicants. The Court noted that the FIR was filed after the acquittal in the rape case and appeared to be a vexatious attempt to harass the applicants. Applying the principles for quashing under Section 482 CrPC, the Court held that the proceedings were an abuse of the process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process of Law - The applicants sought quashing of Crime No.5 of 2006 under Section 354 read with Section 34 IPC on the ground that the complaint was false and filed after their acquittal in a related case under Section 376 IPC. The Court held that continuing the proceedings would be an abuse of process of law and quashed the FIR and proceedings. (Paras 1-5) B) Indian Penal Code - Outraging Modesty - Section 354 IPC - False Allegations - The complainant alleged that the applicants outraged her modesty by catching her hand and pulling her saree. However, the Court found that the allegations were false as the complainant had previously filed a false rape case against the applicants which ended in acquittal. The Court held that the FIR was a counterblast to the acquittal and quashed it. (Paras 2-5)
Issue of Consideration
Whether the FIR and proceedings under Section 354 read with Section 34 IPC should be quashed as an abuse of process of law when the allegations are false and the complaint is filed after acquittal in a related case.
Final Decision
The Court allowed the Criminal Application and quashed Crime No.5 of 2006 registered under Section 354 read with Section 34 IPC and all proceedings arising therefrom.
Law Points
- Quashing of FIR
- Abuse of process of law
- Malicious prosecution
- Section 482 CrPC
- Section 354 IPC
- False allegations
