Case Note & Summary
The applicant, Manoj Suresh Deware, is the husband of the non-applicant no.2, Sonali Deware. He filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Criminal Case No. 154 of 2011 pending before the Judicial Magistrate (First Class), Sakri, District Dhule. The case arose from a complaint filed by his wife alleging offences under Sections 193, 465, and 471 of the Indian Penal Code, 1860. The complainant alleged that the accused had lodged a false report with the police alleging that her father had raped their daughter, Pooja, and that this report was fabricated. The learned Magistrate issued process against the accused on 22-8-2011. The accused contended that the complaint did not disclose any prima facie case and that the dispute was essentially of a civil nature, making the criminal proceedings an abuse of process. The High Court examined the complaint and found that the allegations were vague and did not specify how the document (the police report) was forged or used as genuine. The court held that the essential ingredients of the offences were not made out, and the proceedings were liable to be quashed to prevent abuse of process. The court allowed the application and quashed the criminal proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings to prevent abuse of process of court or to secure the ends of justice, especially when the complaint does not disclose a prima facie offence or the dispute is essentially civil in nature. (Paras 1-10)
B) Indian Penal Code - Forgery - Sections 465, 471 IPC - Prima Facie Case - For an offence of forgery or using a forged document as genuine, the prosecution must show that the document was fabricated with intent to cause damage or injury, and mere filing of a false complaint or affidavit in a civil proceeding does not automatically constitute forgery unless there is evidence of fabrication. (Paras 5-12)
C) Indian Penal Code - Giving False Evidence - Section 193 IPC - Prima Facie Case - The offence of giving false evidence requires that the false statement be made in a judicial proceeding or before a public servant, and the complaint must specifically allege such false statement; vague allegations are insufficient to sustain the charge. (Paras 5-12)
Issue of Consideration
Whether the criminal proceedings against the applicant for offences under Sections 193, 465, and 471 of the IPC should be quashed on the ground that the complaint does not disclose any prima facie case and the dispute is essentially of a civil nature.
Final Decision
The High Court allowed the application and quashed the proceedings of Regular Criminal Case No. 154 of 2011 pending before the Judicial Magistrate (First Class), Sakri.
Law Points
- Quashing of criminal proceedings
- Inherent powers under Section 482 CrPC
- Prima facie case
- Abuse of process of court
- Forgery and using forged document as genuine
- Sections 193
- 465
- 471 IPC
Case Details
2014 LawText (BOM) (03) 28
Criminal Application No. 3792 of 2012
Mr. Rajendra S. Deshmukh, Mr. P.N. Muley, Mr. R.N. Dhorde, Mr. V.R. Dhorde
The State of Maharashtra and Sonali w/o. Manoj Deware
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Nature of Litigation
Criminal application for quashing of proceedings under Section 482 CrPC
Remedy Sought
Quashing of Regular Criminal Case No. 154 of 2011 pending before Judicial Magistrate (First Class), Sakri
Filing Reason
The applicant (husband) sought quashing of criminal proceedings initiated by his wife (complainant) alleging offences under Sections 193, 465, 471 IPC, contending that the complaint did not disclose any prima facie case and the dispute was civil in nature.
Previous Decisions
The learned Magistrate issued process against the applicant on 22-8-2011.
Issues
Whether the complaint discloses a prima facie case for offences under Sections 193, 465, and 471 IPC?
Whether the criminal proceedings amount to an abuse of process of court and should be quashed under Section 482 CrPC?
Submissions/Arguments
The applicant argued that the complaint is vague and does not specify how the document was forged or used as genuine, and the dispute is essentially civil.
The complainant argued that the accused lodged a false police report alleging rape of their daughter, which constitutes forgery and giving false evidence.
Ratio Decidendi
The High Court held that the essential ingredients of offences under Sections 193, 465, and 471 IPC were not made out from the complaint. The allegations were vague and did not specify how the document was forged or used as genuine. The dispute was essentially of a civil nature, and continuing the criminal proceedings would be an abuse of process of court. Therefore, the proceedings were quashed under Section 482 CrPC.
Judgment Excerpts
The applicant is the husband of the non-applicant no.2 herein. He is facing prosecution vide Regular Criminal Case No. 154 of 2011, pending before the Judicial Magistrate (First Class), Sakri [District : Dhule].
The learned Magistrate has, by an order dated 22-8-2011, issued process against the applicant, requiring him to answer to the charge of offences punishable under Sections 193 of the IPC, 465 of the IPC and 471 of the IPC.
Being aggrieved thereby, the applicant has filed this Application invoking the inherent powers of the court and praying that the proceedings of the said Criminal Case be quashed.
Procedural History
The complainant filed a complaint before the Judicial Magistrate (First Class), Sakri, which was registered as Regular Criminal Case No. 154 of 2011. The Magistrate issued process against the accused on 22-8-2011. The accused then filed Criminal Application No. 3792 of 2012 before the Bombay High Court, Aurangabad Bench, seeking quashing of the proceedings under Section 482 CrPC. The High Court reserved judgment on 31-1-2014 and pronounced it on 14-3-2014, allowing the application and quashing the proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 193, 465, 471
