Case Note & Summary
The applicants, original accused persons, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 51 of 2018 registered at Latur (Rural) Police Station for offences under Sections 294, 504, 506 read with 34 of the Indian Penal Code, 1860 (IPC), and the consequent charge-sheet pending before the Judicial Magistrate First Class, Latur. The informant, respondent No.2, alleged that on 13-05-2018 at about 6:30 a.m., she was in front of her house when her distant relatives were passing through her agricultural land. She objected to their use of her land as a pathway. At that time, the applicants arrived and allegedly abused her. The court examined the FIR and charge-sheet and found that the dispute was essentially about a right of way over agricultural land, which is a civil matter. The allegations of abusive language did not satisfy the ingredients of the offences under Sections 294, 504, and 506 IPC, as there was no evidence of public nuisance, intentional insult to provoke breach of peace, or criminal intimidation. The court held that continuing criminal proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Dispute pertained to right of way over agricultural land - Court held that the allegations were essentially civil in nature and lacked ingredients of criminal offences - Held that continuation of criminal proceedings would be an abuse of process of law (Paras 1-6).
Issue of Consideration
Whether the FIR and charge-sheet for offences under Sections 294, 504, 506 read with 34 IPC should be quashed as the dispute is civil in nature and lacks criminal intent.
Final Decision
Application allowed. FIR No. 51 of 2018 registered with Latur (Rural) Police Station and charge-sheet No. 05 of 2018 pending before Judicial Magistrate First Class, Latur, are quashed.
Law Points
- Quashing of FIR under Section 482 CrPC
- Civil dispute not to be given criminal colour
- Abuse of process of law
- Ingredients of Sections 294
- 504
- 506 IPC not made out
