Case Note & Summary
The present application was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the applicants-accused, Dhandhal Hardeepbhai Bharatbhai and others, seeking to invoke the inherent powers of the High Court to quash and set aside the impugned complaint being Criminal Enquiry No.24 of 2021 and the proceedings of Criminal Case No.11253 of 2022 pending before the learned 15th Chief Judicial Magistrate, Jamnagar, for the offence punishable under Section 323 read with Section 114 of the Indian Penal Code (IPC). The background of the case is that a private complaint was filed by the respondent no.2 (original complainant) against the applicants-accused on 24.05.2021 for offences punishable under Sections 323, 340, 342, 384, 390, 392, 504, 506(1), 34 and 114 of the IPC. Vide order dated 13.12.2022 passed below Exhibit-01 in Criminal Enquiry No.24 of 2021, the learned 4th Additional Senior Civil Judge, Jamnagar, issued summons to the applicants-accused. The applicants then approached the High Court for quashing the proceedings. The legal issues considered were whether the criminal proceedings should be quashed when the complainant has not been examined and there is no evidence to support the allegations. The arguments advanced by the learned advocate for the applicants-accused, Mr. Mangal Gadhavi, were that the complainant had not been examined and there was no evidence on record, making the continuation of proceedings an abuse of process. The learned APP, Mr. Manan Maheta, and the learned advocate for the respondent no.2, Mr. Aditya Khandelwal, appeared and did not seriously oppose the quashing. The court's analysis noted that the complainant had not been examined and no evidence was led. The court held that continuing the proceedings would be an abuse of the process of court and that to secure the ends of justice, the proceedings deserved to be quashed. The decision was to allow the application and quash the Criminal Enquiry No.24 of 2021 and Criminal Case No.11253 of 2022 pending before the learned 15th Chief Judicial Magistrate, Jamnagar.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Inherent Powers - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicants-accused sought quashing of Criminal Enquiry No.24 of 2021 and Criminal Case No.11253 of 2022 pending before the learned 15th Chief Judicial Magistrate, Jamnagar, for offences under Section 323 read with Section 114 IPC. The court held that since the complainant had not been examined and there was no evidence on record, continuation of proceedings would be an abuse of process of court. The court quashed the proceedings to secure the ends of justice. (Paras 1-7) B) Criminal Law - Offence of Hurt - Section 323 Indian Penal Code, 1860 - The complaint alleged offences including voluntarily causing hurt, wrongful confinement, extortion, robbery, criminal intimidation, etc. However, the court noted that the complainant had not been examined and no evidence was led. The court found that the allegations were not supported by any material and quashed the proceedings. (Paras 2-7)
Issue of Consideration
Whether the criminal proceedings arising from a private complaint for offences under Sections 323, 340, 342, 384, 390, 392, 504, 506(1), 34 and 114 of the Indian Penal Code should be quashed when the complainant has not been examined and there is no evidence to support the allegations.
Final Decision
The application is allowed. The Criminal Enquiry No.24 of 2021 and Criminal Case No.11253 of 2022 pending before the learned 15th Chief Judicial Magistrate, Jamnagar, are quashed and set aside. Rule is made absolute.
Law Points
- Inherent powers under Section 528 BNSS
- Quashing of criminal proceedings
- Abuse of process of court
- Non-examination of complainant
- Lack of evidence
