Case Note & Summary
The petitioner, Smt. Smita Khaunte, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking quashing of FIR No. 248/2014 registered at Panaji Town Police Station and the subsequent charge-sheet. The FIR was lodged by respondent no.2, Mahesh Kaisare, alleging that on 7.8.2014, during a religious function at his flat, the petitioner entered his flat, abused him and the priest, and later when the door was opened, she attempted to attack his 2½-year-old granddaughter. It was further alleged that when the complainant's wife intervened, the petitioner tore her clothes and injured herself with her nails. Based on this complaint, the police registered offences under Sections 452 (house trespass), 504 (intentional insult) of the Indian Penal Code, 1860 and Section 8(2) of the Goa Children's Act, 2003. The petitioner challenged the FIR while investigation was pending, and after charge-sheet was filed, she amended the petition to seek quashing of the entire criminal proceedings. The court examined the allegations to determine if a prima facie case was made out. Regarding Section 452 IPC, the court noted that the essential ingredient is entry into the house with intent to commit an offence punishable with imprisonment. The FIR alleged that the petitioner entered the flat and abused, but there was no allegation that she entered with intent to commit any specific offence. The court held that mere entry and abuse does not constitute house trespass under Section 452. As for Section 504 IPC, the court observed that the insult must be such as to provoke breach of peace, and there was no evidence that the alleged abuse was intended to provoke breach of peace or that any breach actually occurred. Regarding Section 8(2) of the Goa Children's Act, the court found that the allegation was that the petitioner attempted to attack the child, but there was no evidence of actual assault or criminal force. The court concluded that the allegations did not make out a prima facie case for any of the offences. Applying the settled principle that the power to quash criminal proceedings should be exercised sparingly to prevent abuse of process, the court allowed the petition and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Power to quash criminal proceedings should be exercised sparingly and only to prevent abuse of process of court - Court examined whether allegations in FIR and charge-sheet made out prima facie case for offences alleged - Held that no case for house trespass under Section 452 IPC as there was no evidence of entry with intent to commit offence; no case under Section 504 IPC as there was no intentional insult with intent to provoke breach of peace; no case under Section 8(2) of Goa Children's Act as there was no evidence of assault or criminal force against child - FIR and charge-sheet quashed (Paras 4-10). B) Indian Penal Code, 1860 - Section 452 - House Trespass - Essential ingredients - Entry into house with intent to commit offence punishable with imprisonment - Allegation that petitioner entered complainant's flat and abused - However, no evidence that petitioner entered with intent to commit any offence - Held that mere entry and abuse does not constitute house trespass under Section 452 IPC (Paras 6-7). C) Indian Penal Code, 1860 - Section 504 - Intentional Insult - Essential ingredients - Insult must be such as to provoke breach of peace - Allegation of abuse but no evidence that insult was intended to provoke breach of peace or that any breach of peace occurred - Held that Section 504 IPC not attracted (Para 8). D) Goa Children's Act, 2003 - Section 8(2) - Assault or criminal force against child - Allegation that petitioner attempted to attack grand-daughter but no evidence of actual assault or criminal force - Held that Section 8(2) not attracted (Para 9).
Issue of Consideration
Whether the FIR and charge-sheet against the petitioner for offences under Sections 452, 504 IPC and Section 8(2) of the Goa Children's Act, 2003 should be quashed for lack of prima facie case.
Final Decision
The court allowed the petition and quashed FIR No.248/2014 and the charge-sheet against the petitioner.
Law Points
- Quashing of FIR
- Section 482 CrPC
- House Trespass
- Intentional Insult
- Goa Children's Act
- Prima Facie Case
