Human teeth cannot be considered as a dangerous weapon which would cause serious harm, the Bombay High Court said quashing an FIR filed on a woman’s complaint against her in-laws wherein she alleged her sister-in-law bit her.
The complainant’s medical certificates show there was only simple hurt caused by teeth marks, Justices Vibha Kankanwadi and Sanjay Deshmukh of the HC’s Aurangabad bench said in the order on April 4.
As per the FIR lodged in April 2020 on the woman’s complaint, during a scuffle, one of her sisters-in-law bit her, thus causing her harm with a dangerous weapon.
The accused were booked under relevant sections of the Indian Penal Code for causing harm with dangerous weapons, hurting someone and causing injury.
The court in its order said, “Human teeth cannot be said to be a dangerous weapon.”
It allowed a petition filed by the accused and quashed the FIR.
Under section 324 of the Indian Penal Code (causing hurt using a dangerous weapon), the hurt should be by means of an instrument that is likely to cause death or serious harm, the HC said.
The medical certificates of the complainant in the present case show there was only simple hurt caused by teeth marks, the court said.
It would be an abuse of the process of law to make the accused face trial when the offence under section 324 is not made out, the HC said and quashed the FIR.
The court noted there appears to be a property dispute between the accused and the complainant. (PTI)
