Case Note & Summary
The applicants, Shaikh Mujib, Shaikh Azim, Shaikh Musa, and Shahazad, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 426 of 2016 registered at MIDC CIDCO Police Station, Aurangabad for offences under Section 384 read with Section 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by respondent No. 2, Parvez Nazer Hussain Jaffery, alleging that the applicants had demanded money from him in connection with a house property. The first informant had purchased the property from one Hakimkhan Rum Khan and Yunuskhan Mohamad Khan, and had let it out to Shaikh Bhikan, father of some applicants. After the tenant left, the applicants allegedly demanded money from the first informant. The applicants contended that the FIR was false, frivolous, and filed with intent to harass them, and that the allegations did not constitute any offence. The court examined the allegations and found that the dispute was essentially civil in nature regarding property rights and rent. The court held that the essential ingredients of extortion under Section 384 IPC were not made out as there was no intention to put the first informant in fear of injury. The court observed that continuing criminal proceedings would be an abuse of process of law. Accordingly, the court allowed the application and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash FIR if the allegations, even if taken at face value, do not constitute any offence or are manifestly attended with mala fide. (Paras 1-2) B) Indian Penal Code - Extortion - Section 384 IPC - Ingredients - For an offence of extortion, there must be intention to put any person in fear of injury and thereby induce delivery of property. Mere demand for money in a property dispute without such fear does not attract Section 384 IPC. (Paras 3-5) C) Criminal Law - Abuse of Process - Civil Dispute - Where the dispute is essentially civil in nature, criminal proceedings cannot be allowed to continue as it would be an abuse of process of court. (Paras 6-7)
Issue of Consideration
Whether the FIR for offence under Section 384 read with Section 34 IPC can be quashed under Section 482 CrPC when the dispute is essentially civil in nature.
Final Decision
The application is allowed. FIR No. 426 of 2016 registered at MIDC CIDCO Police Station, Aurangabad for offences under Section 384 read with Section 34 IPC and all proceedings arising therefrom are quashed and set aside.
Law Points
- Section 482 CrPC can be invoked to quash FIR if allegations do not constitute an offence
- Extortion under Section 384 IPC requires intention to put person in fear of injury and induce delivery of property
- Civil disputes cannot be converted into criminal proceedings
