Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.11207076220120 of 2022 registered with Vejalpur Police Station, District Panchmahals, for offences punishable under Sections 384, 511 and 114 of the Indian Penal Code, 1860 (IPC). The applicant, Kasim Sabbirhusain Khatuda, was arraigned as accused No.2 in the FIR. The allegations in the FIR were that at the instance of the applicant, accused No.1 went to extort money from the Deputy Sarpanch on the ground that his caste certificates were forged, and threatened to publish the same in the newspaper. It was further alleged that accused No.1 was apprehended on the spot by villagers, and in the presence of two witnesses, accused No.1 called accused No.2 (the applicant) on speaker mode, during which the applicant allegedly instructed accused No.2 to ask accused No.1 to reach Godhra. When accused No.1 informed that he had been caught, the applicant allegedly responded that he had not carried out even a single task properly. The applicant sought quashing of the FIR on the ground that no prima facie case was made out against him. The learned advocate for the applicant submitted that the allegations were vague and there was no specific demand or threat by the applicant. The learned Additional Public Prosecutor opposed the application, arguing that the phone call conversation indicated the applicant's involvement. The Court analyzed the material on record, including the FIR and the chargesheet papers. The Court observed that the only allegation against the applicant was that his name was mentioned in a phone call conversation, and that there was no evidence of any demand for money or threat made by the applicant. The Court held that the ingredients of extortion under Section 384 IPC were not satisfied, and consequently, the attempt to extort under Section 511 IPC and abetment under Section 114 IPC also failed. The Court concluded that continuing the proceedings against the applicant would be an abuse of the process of law. Accordingly, the Court allowed the application and quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash an FIR if the allegations, even if taken at face value, do not constitute any offence or are patently absurd. (Paras 1-7) B) Indian Penal Code - Extortion and Attempt - Sections 384, 511 IPC - Prima Facie Case - For an offence of extortion, there must be a demand for money or property coupled with a threat. In the absence of any such demand or threat by the applicant, no prima facie case is made out. (Paras 3-6) C) Indian Penal Code - Abetment - Section 114 IPC - Abetment by Conspiracy - Mere presence of the applicant's name in a phone call conversation, without any evidence of prior conspiracy or active participation, does not constitute abetment. (Paras 4-6)
Issue of Consideration
Whether the FIR and the chargesheet against the applicant for offences under Sections 384, 511 and 114 of the Indian Penal Code should be quashed on the ground that no prima facie case is made out against him.
Final Decision
The application is allowed. The FIR being I-C.R. No.11207076220120 of 2022 registered with Vejalpur Police Station, District Panchmahals, and all consequential proceedings arising therefrom, are quashed and set aside qua the applicant.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Extortion
- Attempt to Extort
- Abetment
- Prima Facie Case
- Criminal Conspiracy
- Standard of Proof at Investigation Stage
