Case Note & Summary
The applicant, Dr. Surajkumar Satyabrath Pal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the first information report and chargesheet in Criminal Case No. 212/2010 pending before the Judicial Magistrate, First Class, 6th Court, Gondia, as well as an order rejecting his application for not committing the case to the Sessions Court under Section 209 of the Code. The FIR was lodged by respondent no.2, Daleshwari Sohanlal Bisen, alleging offences under Sections 365, 366, 354, and 511 of the Indian Penal Code, 1860. The allegations pertained to the applicant making SMS, telephonic calls, and open offers during meetings with the complainant for fulfilling sexual demands in lieu of exempting her from payment of fees. The applicant argued that the FIR and chargesheet did not make out any offence, particularly under Section 354 IPC, as there was no allegation of force or criminal force being used. The learned counsel for the applicant, Dr. Anjan De, contended that for attracting Section 354 IPC, an overt act in the nature of physical contact is necessary as per the definition of 'force' under Section 349 IPC, and the FIR lacked such allegations. The learned Additional Public Prosecutor, Shri S.M. Uikey, opposed the application, submitting that the chargesheet having been filed, the applicant should go for trial. The court, after hearing both sides, examined the FIR and chargesheet. It found that the only allegations were that the applicant used to make SMS, telephonic calls, and open offers during meetings for sexual demands in lieu of fee exemption. The court held that these allegations did not constitute an offence under Section 354 IPC as there was no assault or use of criminal force as defined under Sections 349 and 350 IPC. The court also noted that no other offences under Sections 365, 366, or 511 IPC were made out. Consequently, the court allowed the application, quashed the FIR and chargesheet, and set aside the order of the Magistrate rejecting the application for not committing the case to the Sessions Court.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR and chargesheet quashed where allegations do not make out any offence under Sections 365, 366, 354, 511 IPC - Allegations of SMS, calls, and verbal demands for sexual favours in lieu of fee exemption do not constitute 'assault or criminal force' under Section 354 IPC as there is no physical contact or overt act - Held that continuation of proceedings would be an abuse of process of law (Paras 1-6). B) Criminal Law - Section 354 IPC - Assault or Criminal Force - Ingredients - For attracting Section 354 IPC, there must be an assault or use of criminal force as defined under Sections 349 and 350 IPC - Mere verbal demands or communications without physical contact do not satisfy the requirement of 'force' - Held that no offence under Section 354 IPC is made out (Paras 2-5).
Issue of Consideration
Whether allegations of making SMS, telephonic calls, and verbal offers for sexual favours in lieu of fee exemption constitute an offence under Section 354 IPC, and whether the FIR and chargesheet are liable to be quashed.
Final Decision
Application allowed. FIR and chargesheet in Criminal Case No.212/2010 quashed. Order of Magistrate rejecting application for not committing case to Sessions Court set aside.
Law Points
- Ingredients of Section 354 IPC require assault or criminal force
- overt act of physical contact necessary
- mere verbal demands or SMS/calls not sufficient
- Section 349 IPC defines force
- Section 350 IPC defines criminal force
