Excelsior Correspondent
Srinagar, Feb 24: High Court said that no offence under Indian Penal Code is attracted when husband slaps wife in public and quashed the order of trial court whereby cognizance was taken against husband.
Justice Rajnesh Oswal after perusal of the complaint filed by wife against the husband said, the application for initiation of criminal proceedings/lodging of FIR against the petitioner-husband for slapping her does not attract offence under Section 354 of IPC.
The trial court while entertaining the complaint recorded the statement of the respondent-wife and thereafter in its wisdom deem it proper to refer the complaint to SHO, P/S Pulwama for investigation under Section 202 of Cr.P. C.
The SHO, P/S Pulwama, submitted a report before the trial court and by placing reliance upon the report, the trial court issued the process against the petitioner-husband for commission of offences under Section 323 and section 354 IPC.
“As rightly conceded by the counsel appearing for the respondent-wife, from the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings”, Justice Oswal said.
The court in its considered view concluded that so far as issuance of process for commission of offence under Section 354 IPC is concerned, the same is not sustainable in the eyes of law and, accordingly quashed the same.
The trial court proceedings were challenged on the ground that the trial court could not have issued the process for commission of an offence under Section 354 of IPC when the allegations mentioned in the complaint did not make out a case for invoking this provision. The Court agreed with the submission and quashed the case under Section 354.
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