Case Note & Summary
The present application was filed by the applicant, Ishaq Ahmed Hussain Shikari, under Section 482 of the Code of Criminal Procedure, 1973, 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. The alleged period of occurrence was from 01.07.2018 to 01.01.2020. 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. 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 allegedly used abusive language and attempted to assault the complainant. The FIR was lodged after a delay of approximately nine months. The applicant contended that the FIR was filed with malafide intention due to personal grudge and that the allegations were vague and lacked specific details. The State opposed the quashing. The court examined the allegations and found that the FIR did not disclose any specific instances of stalking or insult, and the delay of nine months was unexplained. The court held that continuing the proceedings would be an abuse of process of law. Accordingly, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inordinate Delay - FIR lodged after nine months of alleged incident without satisfactory explanation - Held that unexplained delay coupled with lack of specific allegations regarding stalking and insult renders the FIR liable to be quashed to prevent abuse of process of law (Paras 4-6). B) Indian Penal Code - Stalking - Section 354D IPC - Ingredients - Allegations of following complainant to washroom and sending inappropriate messages - Held that mere vague allegations without specific dates or details do not constitute the offence of stalking as defined under Section 354D IPC (Paras 4-5). C) Indian Penal Code - Intentional Insult - Section 504 IPC - Ingredients - Allegation of shouting in classroom and using abusive language in a meeting - Held that the alleged conduct does not amount to intentional insult with intent to provoke breach of peace, especially when the incident occurred in a school setting and was not directed specifically at the complainant (Paras 4-5).
Issue of Consideration
Whether the FIR registered under Sections 354D and 504 IPC should be quashed on the ground of inordinate delay and lack of prima facie evidence.
Final Decision
The application is allowed. The FIR being No.11207076200514 of 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.
Law Points
- Quashing of FIR
- Delay in lodging FIR
- Lack of prima facie case
- Abuse of process of law
- Section 482 CrPC
