Case Note & Summary
The petitioner, Mukesh Kumar Godara, a Branch Manager with the Bank of Maharashtra, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. I80 of 2014 registered at Begumpura Police Station, Aurangabad, for the offence punishable under Section 354D(2) of the Indian Penal Code, 1860 (IPC). The FIR was lodged by respondent No. 2, Manisha Prabhakar Ahire, alleging that the petitioner had been sending her messages and following her, which she claimed amounted to stalking. The petitioner contended that the allegations did not disclose the essential ingredients of stalking under Section 354D IPC, as there was no evidence of continuous monitoring or following despite clear indication of disinterest. The State of Maharashtra and the complainant opposed the petition, arguing that the FIR disclosed a prima facie case. The court, after examining the FIR and the submissions, held that the allegations merely indicated that the petitioner had sent messages and attempted to contact the complainant, but there was no material to show that he repeatedly followed or monitored her use of internet or electronic communication. The court noted that the essential ingredient of 'continuous following or monitoring' was absent. Consequently, the court allowed the petition and quashed the FIR, holding that continuation of proceedings would be an abuse of the process of law.
Headnote
A) Criminal Law - Stalking - Section 354D Indian Penal Code, 1860 - Ingredients of Offence - The court examined whether the FIR disclosed the essential ingredients of stalking, namely, following or contacting a woman repeatedly despite clear indication of disinterest, or monitoring her use of internet/electronic communication. Held that mere sending of messages without evidence of continuous monitoring or following does not satisfy the requirements of Section 354D (Paras 1-5). B) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - The court considered the scope of quashing an FIR when the allegations do not prima facie constitute an offence. Held that where the FIR lacks essential ingredients of the alleged offence, the High Court may exercise inherent powers to quash the proceedings to prevent abuse of process (Paras 1-5).
Issue of Consideration
Whether the allegations in the FIR constitute the offence of stalking under Section 354D(2) of the Indian Penal Code, 1860, warranting continuation of criminal proceedings.
Final Decision
The petition is allowed. FIR No. I80 of 2014 registered with Begumpura Police Station, Aurangabad for the offence punishable under Section 354D(2) of the Indian Penal Code is quashed and set aside.
Law Points
- Stalking
- Section 354D IPC
- Ingredients of stalking
- Quashing of FIR
- Lack of prima facie case
