IMPORTANT POINT
The court can quash criminal proceedings if the allegations are inherently improbable and lack material support, exercising inherent powers under Section 482 of the CrPC.

JUDGMENT

Amit Bansal, J. - The present petition has been filed seeking quashing of FIR No.264/2017 dated 4th July, 2017 under Sections 326-B/506 of the Indian Penal Code, 1860 (IPC) registered at Police Station Shalimar Bagh.

2. Brief facts of the case are as follows:-

2.1. The petitioner is the sister-in-law of the respondent no.2 and both reside in a common property. The petitioner and her husband reside on the ground floor, while the respondent no.2 and her family resides on the second floor of the said property.

2.2. On 16th March, 2017, a PCR call was received by the police from the son of the respondent no.2 stating that someone had thrown acid on his mother.

2.3. Upon reaching the spot, the police found that the respondent no.2 was taken to the BSA Hospital, Rohini for treatment. The police also found an unknown liquid substance on the floor.

2.4. In the MLC it is stated that an unknown substance was thrown on the body of the respondent no.2 and she was having an itching sensation. The doctor preparing the MLC recorded that nature of injuries on the respondent no.2 were simple in nature and there were no external injuries at the time of admission. However, she was rendered unfit for statement.

2.5. The respondent no.2 was declared fit for statement on 17th March, 2017 and her statement under Section 161 of the Code of Criminal Procedure, 1973 (CrPC) was recorded by the police. In her statement, the respondent no.2 stated that her sister-in-law/the petitioner had thrown a hot liquid that fell on her right shoulder and her clothes. After the said incident, the respondent no.2 rushed outside and fell down, thereby becoming unconscious.

2.6. Samples of the liquid collected from the spot of incidence were sent to the Forensic Science Laboratory (FSL) for examination. As per the FSL report, the liquid substance collected from the tiles and the floor was found to be Hydrochloric Acid.

2.7. Based on the FSL report, and lack of any burn injuries on the person of the respondent no.2, FIR No.264/2017 under Sections 326-B/506 of the IPC was registered at Police Station Shalimar Bagh.

3. As per the Status Report, chargesheet was filed before the Trial Court on 11th January, 2018. Thereafter, an application seeking further investigation was filed by the respondent no.2, which was allowed by the Trial Court on 25th January, 2019.

4. During further investigation, statement of the husband of the respondent no.2 was recorded wherein, he had stated that he had handed over the saree and blouse of the respondent no.2 to the police without any seizure memo. However, these facts could not be confirmed as the Investigating Officer (IO) had since expired.

5. CCTV footage of the incident could not be procured as CCTV footage beyond 2 years was not stored in the system. The report qua further investigation was filed before the Trial Court on 13th April, 2022.

6. Counsel appearing on behalf of the petitioner has made the following submissions:

i. The present FIR is frivolous and vexatious and has been filed by the respondent no.2 in order to harass the petitioner due to ongoing property dispute between the parties.

ii. The respondent no.2 and her family have been attempting to grab the terrace of the house and are interfering in the peaceful occupation of the petitioner.

iii. Apprehending unauthorised construction in the disputed property, the petitioner, along with her husband had filed a police complaint dated 8th June, 2016.

iv. Another complaint was filed on 20th July, 2016 before the Municipal Corporation of Delhi (MCD) by one Mr. Binod Kumar Padia, who was residing on the first floor of the property, stating that the husband of the respondent no.2 had started raising unauthorised construction in the said property.

v. This Court has the power under Section 482 of the CrPC to quash the present proceedings for being false and an abuse of the process of law. In this regard, reliance has been placed on the judgment of the Supreme Court in State of Haryana & Ors. v