Case Note & Summary
The applicants, Razia Khatoon Rizvi and another, were citizens of the United Kingdom. They filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a First Information Report (FIR) registered at the instance of the second respondent, who was the wife of the first applicant's son. The FIR alleged offences under Sections 498A, 406, 323, 504, 506, 120B read with 34 of the Indian Penal Code (IPC). The main contention of the applicants was that the entire cause of action arose in the United Kingdom, and as they were not Indian citizens, the provisions of the IPC did not apply to them. They relied on Section 4 of the IPC and Section 188 of the CrPC, as well as the Supreme Court decision in Fatma Bibi Ahmed Patel v. State of Gujarat. The second respondent argued that a part of the cause of action arose in India and that the applicants were of Indian origin, but conceded that they were not Indian citizens. The court examined the submissions and held that Section 4 of the IPC applies only to citizens of India for offences committed outside India. Since the applicants were citizens of the United Kingdom and the alleged incidents occurred entirely in the UK, the FIR could not be sustained. The court quashed the FIR, finding that continuing the prosecution would be an abuse of process.
Headnote
A) Criminal Law - Extraterritorial Application of IPC - Section 4 IPC and Section 188 CrPC - Non-Citizens - The court considered whether Indian courts have jurisdiction to try non-citizens for offences committed abroad. Held that Section 4 IPC applies only to citizens of India and not to foreign nationals. Since the applicants were citizens of United Kingdom and the alleged incidents occurred entirely in UK, the FIR was liable to be quashed. (Paras 2-5) B) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Abuse of Process - The court held that continuing prosecution against the applicants would be an abuse of process of law as no part of cause of action arose in India and the applicants were not Indian citizens. (Paras 2-5)
Issue of Consideration
Whether the applicants, being citizens of United Kingdom, can be prosecuted in India for offences under IPC alleged to have been committed entirely in United Kingdom.
Final Decision
The FIR is quashed. The application is allowed.
Law Points
- Extraterritorial application of IPC
- Territorial jurisdiction
- Quashing of FIR under Section 482 CrPC
- Non-citizens not liable under Section 4 IPC for acts abroad
