Read Time: 04 minutes
Shahani argued that the medical opinion submitted to the Investigating Officer indicated that the purported injuries suffered by the complainant could be self-inflicted. He also submitted that the statement of the witness was not corroborated by the complainant
The Bombay High Court recently quashed a chargesheet against a wife who was accused of assaulting her husband with a broom and biting his hands.
The division bench of the high court, consisting of Justice PD Naik and Justice NR Borkar, heard a petition filed by the woman seeking to quash the chargesheet against her.
The FIR was lodged against the woman in April 2022 by the Sion Police Station, booking her for voluntarily causing hurt to her husband.
The woman was accused of assaulting her husband with a broom and biting his hands. In response, the husband slapped the woman and went on to file a complaint against her.
The offence was registered, and an investigation was conducted by the police, resulting in the filing of a chargesheet.
The high court was informed that the woman's husband had passed away on 30th April 2022.
Advocate Sagar A Shahani, representing the petitioner, argued that the offences alleged against the accused were not made out in the FIR or the chargesheet. He contended that the requisite ingredients to constitute the offence under Section 324 of the IPC were lacking.
Shahani argued that the medical opinion submitted to the Investigating Officer indicated that the purported injuries suffered by the complainant could be self-inflicted. He also submitted that the statement of the witness was not corroborated by the complainant.
The bench agreed with the contentions of the petitioner and quashed the chargesheet, observing that the medical opinion sought by the police indicates a possibility of injuries being caused by self-infliction.
“Apparently, the relationship between the complainant and the petitioner was strained. Reading the contents of FIR does not make out any offences against the petitioner. The requisite ingredients to constitute the offence under Section 324 of the IPC are completely absent. The injury certificate of the complainant indicates that he had suffered blunt trauma to the right hand. The medical opinion sought by the police indicates that there is possibility of injuries being caused by self inflicted,” the order reads.
Case title: ABC vs State of Maharashtra & Ors.
Please Login or Register
