Case Note & Summary
This criminal application under Section 482 of the Code of Criminal Procedure, 1973 was filed before the Bombay High Court seeking quashing of FIR No. I176/2018 registered at Kotwali Police Station, Ahmednagar for offences under Sections 324, 143, 504, and 506 of the Indian Penal Code. The applicant, Arjun Wagh, alleged that the FIR lodged by respondent no.2, Jayshree Matkar, was false and malicious, stemming from a long-standing civil dispute over agricultural land between their families. The complainant had alleged that on 07.05.2018, while she was going with her brother to see her ailing mother, the applicant along with others stopped her, abused her, and assaulted her with kicks, fist blows, and a wire piece, causing simple injuries. However, the applicant contended that the real motive was revenge due to a civil suit filed by his son against the complainant's husband, in which an injunction had been granted, and that the complainant had earlier filed a false rape case against his son. The court examined the police papers and noted that the FIR itself did not disclose any credible interest or motive for the applicant’s involvement in separating her from her husband, and no eye witnesses supported the version. The medical evidence indicated injuries by a hard and blunt object, not a wire. The court found that the complainant had reason to falsely implicate the applicant due to the pending civil litigation and the previous false FIR. Applying the principles laid down by the Supreme Court in State of Haryana v. Bhajan Lal, the court held that the criminal proceeding was manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance due to private and personal grudge. Consequently, the court exercised its inherent powers under Section 482 CrPC and quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482, Code of Criminal Procedure, 1973 - Malicious Prosecution and Abuse of Process - The FIR was alleged to have been lodged due to previous enmity arising from a civil suit and a prior false FIR filed by the complainant against the applicant's son. The court noted that there were no eye witnesses, the injured's statements were inconsistent, and the husband of the complainant had attested the sale deed in the underlying civil transaction, indicating a motive to falsely implicate. Held, the case fell within the parameters for quashing laid down in State of Haryana v. Bhajan Lal, as the criminal proceeding was maliciously instituted with an ulterior motive. The FIR and consequential proceedings to the extent of the applicant were quashed. (Paras 8-9)
Issue of Consideration
Whether the FIR bearing Crime No. I176/2018 registered against the applicant for offences under Sections 324, 143, 504 and 506 IPC should be quashed under Section 482 CrPC given the existence of a civil dispute and previous enmity between the parties.
Final Decision
The application is allowed. The first information report bearing Crime No. I176/2018, dated 08.05.2018, registered with Kotwali Police Station, District Ahmednagar, for offences punishable under Sections 324, 143, 504 and 506 of the Indian Penal Code and consequential proceedings thereto, to the extent of the present applicant, are quashed and set aside. Rule made absolute.
Law Points
- Exercise of inherent powers under Section 482 CrPC to quash FIR when it falls within parameters laid down in State of Haryana v. Bhajan Lal
- especially where criminal proceeding is manifestly attended with mala fide and maliciously instituted with ulterior motive for wreaking vengeance due to private and personal grudge
