MOHAMMAD WAJID AND ANR. versus STATE OF U.P. AND ORS.

MOHAMMAD WAJID AND ANR. versus STATE OF U.P. AND ORS.

The FIR and prosecution, on the face of the record and attendant circumstances, were found to be concocted and inherently improbable; the ingredients of dacoity under s.395 IPC were not disclosed (s.390 requirements not satisfied), allegations under s.504 were not particularized so as to show intentional insult, and overall the continuation of proceedings would amount to abuse of process; accordingly the Court exercised its inherent jurisdiction and quashed the FIR and consequential criminal proceedings.

Parties
Appellant: Mohammad Wajid; Appellant: Mohd. Iqbal alias Bala; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
08 August 2023
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against High Court Order Declining to Quash FIR Under Section 482 Cr Pc/article 226
Outcome
Appeal allowed; impugned High Court order set aside; criminal proceedings quashed
Legal Topics
Quashing of FIR, Dacoity (section 395 Ipc), Robbery (section 390 Ipc), Criminal Intimidation (sections 503, 504, 506 Ipc), Delay in Lodging FIR, Inherent Powers of High Court (section 482 Cr Pc), Article 226 Jurisdiction
Criminal Law Criminal Procedure Constitutional Law Statutory Interpretation Quashing of FIR Dacoity (section 395 Ipc) Robbery (section 390 Ipc) Criminal Intimidation (sections 503,504,506 Ipc) +3 more

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Parties

Mohammad Wajid

Appellant

Mohd. Iqbal alias Bala

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against High Court Order Declining to Quash FIR Under Section 482 Cr Pc/article 226

Legal Issues

  1. 1 Whether the plain reading of the FIR discloses commission of the offence of dacoity punishable under Section 395 IPC
  2. 2 Whether any case of criminal intimidation punishable under Sections 504 and 506(2) IPC is made out
  3. 3 Whether the allegations in the FIR inspire confidence considering the delay of about one year in lodging the FIR and absence of date/time of incident

Ratio Decidendi

The FIR and prosecution, on the face of the record and attendant circumstances, were found to be concocted and inherently improbable; the ingredients of dacoity under s.395 IPC were not disclosed (s.390 requirements not satisfied), allegations under s.504 were not particularized so as to show intentional insult, and overall the continuation of proceedings would amount to abuse of process; accordingly the Court exercised its inherent jurisdiction and quashed the FIR and consequential criminal proceedings.

Court Disposition

Appeal allowed; impugned High Court order set aside; criminal proceedings quashed

Orders

  • Impugned order dated 17.10.2022 of the High Court of Judicature at Allahabad is set aside
  • Criminal proceedings arising from FIR No. 224 of 2022 dated 19.09.2022 registered at Mirzapur Police Station, Saharanpur, State of U.P. are quashed