Case Note & Summary
A petition under Section 482 of the Code of Criminal Procedure, 1973 was filed by a science teacher and Home Guard Commandant seeking to quash the FIR, charge sheet, and cognizance order in C.C. No. 1506/2021 pending before the Principal Civil Judge and JMFC-II, Bidar, for the offence punishable under Section 309 of the Indian Penal Code, 1860. The background involved the petitioner's allegation that he was harassed by the management of the school where he worked, who demanded money and threatened to transfer him. Unable to tolerate the harassment, he consumed poison and was admitted to hospital. The police registered two cases: Crime No. 95/2019 against the school management persons under Section 384 IPC and Crime No. 96/2019 against the petitioner under Section 309 IPC. In Crime No. 95/2019, after investigation, the police filed a 'B' final report, noting that the witnesses stated the petitioner had accidentally consumed phenyl instead of milk. The same witnesses were listed in Crime No. 96/2019 but with changed CW numbers, and a charge sheet was filed against the petitioner for attempt to suicide. The learned JMFC took cognizance and issued summons. The petitioner contended that the proceedings were an abuse of process as the complaint was hearsay, the same police had found the consumption accidental in the connected case, and the prosecution ignored the statutory bar under Section 115 of the Mental Healthcare Act, 2017, which presumes that any person who attempts suicide is suffering from severe stress and shall not be tried or punished. The State argued that the charge sheet disclosed the offence and cognizance was properly taken. The court, after examining the material and the decisions in State of Karnataka v. L. Muniswamy and others (1977) and State of Haryana v. Bhajan Lal, held that the continuation of the proceedings would be an abuse of the process of the court. The court found that the police had already concluded in Crime No. 95/2019 that the incident was accidental, and the same witnesses supported this version. In light of the presumption under Section 115 of the Mental Healthcare Act, 2017, permitting the prosecution to continue would amount to harassment. Accordingly, the court allowed the petition and quashed the FIR in Crime No. 96/2019, the charge sheet, and the order taking cognizance and issuing summons.
Headnote
A) Criminal Procedure - Inherent Powers of High Court - Section 482, Code of Criminal Procedure, 1973 - The High Court may quash criminal proceedings if allowing them to continue would be an abuse of the process of the Court or to secure the ends of justice; this wholesome power is designed to prevent a court proceeding from degenerating into a weapon of harassment or persecution - Referred to State of Karnataka v. L. Muniswamy, 1977 (2) SCC 699 (Paras 10-12).
Issue of Consideration
Whether registration of FIR and filing of charge sheet for offence under Section 309 IPC and continuing proceedings against the petitioner amounts to abuse of process of court, and if so whether the same is required to be quashed under Section 482 CrPC to secure ends of justice.
Final Decision
The petition is allowed. The FIR in Crime No. 96/2019 registered by Gandhi Gunj Police Station, Bidar, the charge sheet filed, and the order taking cognizance and issuance of summons in C.C. No. 1506/2021 pending on the file of the Prl. Civil Judge and JMFC-II, Bidar, for the offence punishable under Section 309 of IPC, are hereby quashed.
Law Points
- High Court under Section 482 CrPC may quash proceedings to prevent abuse of process or secure ends of justice
- presumption under Section 115 Mental Healthcare Act
- 2017 that person attempting suicide has severe stress and shall not be tried
- continuation of prosecution when facts show accidental consumption and statutory bar applies is abuse of process
