Mumbai: The Bombay High Court recently came to the rescue of an engineering student and quashed a criminal case registered against him for allegedly slapping and abusing an on-duty police officer. The student had moved the HC requesting to quash the case as he desired to pursue engineering course at the United States (US). A bench of Justices Ranjit More and Bharati Dangre quashed the case registered by the Pydhonie police station, against the South Mumbai resident. According to the prosecution, the student had parked his vehicle in a ‘no parking zone’ at Crawford market. He claimed to have been waiting for his father, who was out shopping. The student, as per police, was requested to remove his car from the spot as it was a no parking area.
“However, the student abused in a filthy language and soon he was joined by his father, who too abused the officer-on-duty,” claimed the police, before the court. The student had his own story to narrate. He claimed that the officer abused him and was rude at him. And when the student explained that he would leave the spot once his father comes, the officer, allegedly slapped him and abused him. Accordingly, the son and father were booked under various provisions of law and were locked up for one whole night and produced before the Magistrate court on the next day.
The student subsequently filed a plea before Justice More’s bench seeking to quash the FIR registered against him and his father. He sought setting aside of the complaint on the ground that he is a student, pursuing engineering and wants to continue his further education in a foreign university at California. He accordingly urged the judges to quash the FIR so as to confirm his admission and complete the necessary formalities for travelling abroad. “Thus, we have two versions in relation to the same incident. It is settled law now that abuse in filthy language does not attract the provisions of criminal intimidation, which is an offence under the Indian Penal Code (IPC),” the bench noted.
“Therefore, FIR against the student cannot be sustained in law. Even the police officer has agreed to quash the case, particularly on the ground that the student and his father have expressed their willingness to withdraw the criminal cases they have filed against him,” the bench said. “In this backdrop, we are inclined to exercise our inherent jurisdiction and we are also of the express opinion that this is a fit case where we should invoke our inherent powers to secure the ends of justice. The FIR stands quashed,” the judges added.