Bombay High Court Quashes Chargesheet Against Woman Accused Of Beating Husband With Broom, Biting Hand

The Bombay High Court recently quashed the chargesheet filed against a woman accused of beating her husband with a broom and biting his hand, holding that the ingredients constituting the offence of Section 324 IPC were absent.

A division bench comprising Justice Prakash D Naik and Justice NR Borkar allowed the woman's writ petition observing –

“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 complainant has expired. The statement of witness does not support the version of complainant. The charge-sheet does not make out offences against the petitioner.”

The case originated from an FIR registered at the behest of petitioner's husband, who accused her of offenses under Sections 324 (voluntarily causing hurt by dangerous weapon or means), 427 (mischief), 504 (insult with intent to provoke), and 506 (criminal intimidation) of the IPC. The allegations included abuse and assault by using a broom, as well as biting the complainant's hand. However, the chargesheet filed after the investigation excluded Section 506.

During the proceedings, the petitioner presented the Death Certificate of the complainant, indicating his demise on April 30, 2022. The court took this certificate on record.

Advocate Sagar A Shahani appearing for the petitioner contended that essential elements to establish the offense under Section 324 of IPC were lacking. He further submitted that the prosecution witness did not corroborate the complainant's version. Instead, she stated that the complainant used to assault the petitioner. Besides, the medical opinion indicated that the purported injuries could be self-inflicted.

Additional Public Prosecutor MM Deshmukh appearing for the State contended that the FIR and statements recorded during investigation clearly outlined the offenses, justifying the filing of the charge-sheet against the petitioner.

The court observed that the relationship between the complainant and the petitioner was strained, and the FIR did not establish any offense against the petitioner. It was held that the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Consequently, the pending proceedings were quashed.

Case No.: Writ Petition No. 2142 of 2023

Case Title: Manisha G. Shah v. The State of Maharashtra & Ors.