Case Note & Summary
The applicant, Ishak Ahmed Hussain Shikari, filed a Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of FIR No.11207076200514 of 2020 dated 11.09.2020 registered with Vejalpur Police Station, District Panchmahals for offences punishable under Sections 354D (stalking) and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, 1860 (IPC). The complainant and the applicant were both teachers at Royal Primary School since 2011. The FIR alleged that for about one and a half years, the applicant used to follow the complainant when she went to the washroom with a co-employee, Kalmitaben, and sent inappropriate messages. It was further alleged that on 01.01.2020 at about 11:30 a.m., the applicant was shouting in the classroom about teachers not performing duties, and when the complainant reported this to the Principal, a meeting was convened where the applicant used abusive language and attempted to assault the complainant. The FIR was lodged after a delay of approximately nine months from the alleged last incident. The applicant argued that the delay was inordinate and unexplained, and the allegations did not make out a prima facie case for the offences. The court noted that the FIR was lodged on 11.09.2020 for incidents allegedly occurring between 01.07.2018 and 01.01.2020, with no explanation for the delay. The court held that the inordinate delay of nine months in lodging the FIR, without any plausible explanation, casts doubt on the genuineness of the allegations. Additionally, the allegations of following to the washroom and sending inappropriate messages lacked specific details such as dates, times, or content of messages, and thus did not constitute a prima facie case for stalking under Section 354D IPC. The court also found that the allegations regarding the incident on 01.01.2020 did not disclose any criminal offence. Consequently, the court allowed the application and quashed the FIR, holding that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Delay in lodging FIR - Inordinate delay of nine months in lodging FIR for alleged stalking and insult, without any explanation, renders the FIR liable to be quashed as it creates doubt about the genuineness of the allegations (Paras 4-5). B) Indian Penal Code, 1860 - Sections 354D and 504 - Stalking and Intentional Insult - Prima Facie Case - Allegations of following the complainant to the washroom and sending inappropriate messages, without specific details of dates, times, or content of messages, do not constitute a prima facie case for stalking under Section 354D IPC (Paras 4-5). C) Criminal Procedure Code, 1973 - Section 482 - Abuse of Process of Law - Quashing of FIR - Where the FIR does not disclose commission of any offence and continuation of proceedings would be an abuse of process of law, the High Court may exercise its inherent power to quash the FIR (Para 5).
Issue of Consideration
Whether the FIR registered under Sections 354D and 504 of the Indian Penal Code, 1860 (IPC) should be quashed on the ground of inordinate delay of nine months in lodging the FIR and lack of prima facie material to constitute the alleged offences.
Final Decision
The application is allowed. The FIR being No.11207076200514 of 2020 dated 11.09.2020 registered with Vejalpur Police Station, District Panchmahals for the offences punishable under Sections 354D and 504 of the Indian Penal Code, 1860 and all consequential proceedings are quashed and set aside. Rule is made absolute.
Law Points
- Delay in lodging FIR
- quashing of FIR
- prima facie case
- stalking
- criminal intimidation
- abuse of process of law
