Case Note & Summary
The petitioner, Pallavi Gour, wife of Sagar Gour, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of chargesheet and proceedings in Sessions Case No.255/2014 pending before the Sessions Court, Aurangabad, arising out of Crime No.I-13/2013 registered at MIDC Police Station, Aurangabad, for offences under Sections 307, 498A, 323, 506 read with 34 of the Indian Penal Code, 1860. The complaint was lodged by respondent No.2, Supriya Sudke, against her husband Vishal Sudke and others, alleging that after marriage in 2008, she was ill-treated and beaten by her husband under the influence of liquor, and that her in-laws never interfered. The petitioner is the sister-in-law (wife of the brother) of the complainant's husband. The complainant alleged that on 21.12.2013, her husband poured kerosene on her and set her on fire, causing burn injuries, and that the petitioner and others instigated him. The petitioner contended that she was residing separately with her husband at Pune and had no role in the alleged incident. The court examined the chargesheet and found no specific overt act attributed to the petitioner. The court held that the ingredients of Section 307 IPC were not made out against the petitioner as there was no evidence of her participation in the attempt to murder. The court also noted that the allegations under Sections 498A, 323, 506 IPC were vague and lacked specific instances. Consequently, the court quashed the proceedings against the petitioner, allowing the petition.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - High Court can quash proceedings if no prima facie case is made out - The court examined the allegations against the wife and found no material to show her involvement in the alleged attempt to murder - Held that continuation of proceedings would be an abuse of process of law (Paras 1-10). B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Ingredients - To attract Section 307, there must be an act done with intent or knowledge to cause death under circumstances that if death caused would be murder - Mere allegations of abetment or conspiracy without specific overt acts are insufficient - Held that no case under Section 307 is made out against the wife (Paras 5-8).
Issue of Consideration
Whether the criminal proceedings against the petitioner-wife under Sections 307, 498A, 323, 506 read with 34 IPC should be quashed for lack of prima facie evidence.
Final Decision
The petition is allowed. The chargesheet and proceedings in Sessions Case No.255/2014 pending before the Sessions Court, Aurangabad, are quashed and set aside insofar as the petitioner is concerned. Rule made absolute.
Law Points
- Quashing of criminal proceedings
- Section 307 IPC
- prima facie case
- criminal conspiracy
- Section 482 CrPC
- inherent powers of High Court
