Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Whether the chargesheet submitted showed prima facie case u/ ss. 323, 384 and 406, IPC for voluntarily causing hurt, for extortion and for criminal breach of trust; Whether the High Court has fallen in error in not invoking the powers u/s. 482, Cr.P.C. to quash the proceedings qua the appellant. Penal Code, 1860 – ss.323, 384 and 406 – Code of Criminal Procedure, 1973 – s.482 – An FIR was registered against the appellant, his parents and relatives on 04.09.2016 alleging commission of offences u/ss. 323, 363, 384 and 406 of the IPC – Subsequently, charge sheet was filed for offences u/ss. 323, 384 and 406 of the IPC – An application u/s. 482 CrPC was filed seeking quashment of the FIR – The High Court declined to exercise the power u/s. 482 CrPC and consequently dismissed the petition qua the appellant – Propriety:Held: The unrefuted position of facts reveal that the appellant had already filed a petition for dissolution of his marriage with the second respondent-complainant and also application u/ss. 7, 10 and 17 of the Guardians & Wards Act, 1890 for declaring him as the guardian of the minor daughter on 16.05.2016 – Whereas, the FIR in question was filed on 04.09.2016 – On perusal of materials on record, the necessary ingredients to attract the offences u/ss. 323, 384 and 406 of the IPC qua the appellant were not found – As relates the allegation of commission of offence u/s. 323, IPC besides the bald statement that when complainant asked appellants-accused about her daughter, they had beaten her, there is no material whatsoever to support the allegation causation of hurt is available on record much less voluntary causation of hurt – There is no material on record that after the incident she went to a doctor or underwent any kind of treatment – There is no statement that injury report was prepared – The basic ingredients to constitute an offence u/s. 323, IPC is not satisfied – As relates the alleged commission of offence u/s. 384, IPC, the twin ingredients that (i) Intentionally putting a person in fear of injury to himself or another; (ii) Dishonestly inducing the person so put to deliver to any person any property or valuable security, are not satisfied – Considering the accusation of commission of offence u/s. 406, IPC, the essential ingredients to constitute an offence u/s. 406, IPC are: (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person so to do in violation – (i) of any direction of law prescribing the mode in which such trust is to be discharge, or; (ii) of any legal contract made touching the discharge of such trust, are also not satisfied – The High Court has clearly fallen in error in not invoking the powers u/s. 482, CrPC to quash the proceedings qua the appellant. [Paras 5, 6, 9, 10, 11, 12] |
Judge | N/A |
Neutral Citation | 2023 INSC 1088 |
Petitioner | Abhishek Saxena |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2023] 16 S.C.R. 1126 |
Judgement Date | 2023-11-28 |
Case Number | 3628 |
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