The Supreme Court can quash criminal proceedings under Article 142 to ensure complete justice, irrespective of ordinary statutory limitations.

ORDER :

1. The present transfer petitions are preferred by the petitioner under section 406 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short) seeking the following reliefs:

“(A) Allow the present Petition and transfer Miscellaneous Criminal Case No. 320 of 2020 and 2990 of 2022 out of FIR No. 310/2020 dated 09.05.2020 pending before the Ld. ACJM, Haridwar, Uttarakhand to the Ld. District and Sessions Judge, Patiala House Court, New Delhi.

(B) Pass any other and further Orderss as this Hon’ble Court may deem fit.”

2. On hearing learned counsel for the petitioner and learned senior counsel for respondent no. 2 and learned counsel for the first respondents/State and on the suggestion of this Court, respondent nos. 9 and 10 were impleaded by the petitioner.

3. Thereafter, on several dates, these transfer petitions were heard and considered at length. During the course of hearing, it was noted by this Court that this is a case where there ought to be a quietus given to all the complaints and proceedings pending in different fora in the State of Uttarakhand rather than accepting the prayer sought by the petitioner herein for transfer of the aforesaid FIR and criminal cases pending in the State of Uttarakhand to Patiala House Court, New Delhi. In this regard, learned counsel for the petitioner and learned senior counsel appearing for the respondents as well as learned counsel for the respondent/State have sought instructions in the matter.

4. Consequently, an application under Article 142(1) of the Constitution of India has been filed by the petitioner herein seeking the following reliefs:

“(a) Quash Criminal Case No. 115/2023 (Computer Case No. 2990/2022) before Ld. Additional Chief Judicial Magistrate, Haridwar arising from FIR No. 310/2020 filed at P.S. Kotwali, Haridwar, Uttarakhand.

(b) Quash FIR No. 310/2020 dated 05.05.2020 at P.S. Kotwali, Haridwar, Uttarakhand and all proceedings and chargesheets arising therefrom.

(c) Quash FIR No. 580/2022 dated 19.11.2022 at P.S. Kotwali, Haridwar, Uttarakhand against the petitioner under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986; all proceedings arising therefrom.

(d) Pass such other orders as may be deemed fit and proper in the facts and circumstances of the case.”

5. The facts leading to the present transfer petitions may be narrated briefly as a background to the consideration of the application filed by the petitioner under Article 142(1) of the Constitution of India. The case concerns a complaint and the initial registration of FIR against one Sri Pranav Pandya and his wife Smt. Shailbala Pandya [hereinafter referred to as “earlier accused persons”] who are stated to be in charge of a religious organization namely “Shantikunj Ashram” and are influential individuals in the State of Uttarakhand, by one of the devotees/volunteer girls (Devkanya) [hereinafter called “prosecutrix”] who belongs to the State of Chhattisgarh. The said complainant (prosecutrix herein) is said to have joined the aforesaid Ashram at the age of fourteen in the year 2010.

6. That on 01.11.2019, the petitioner received a telephone call from the prosecutrix alleging acts of rape and intimidation against her by the earlier accused persons. It is averred that the petitioner is a social worker and has been involved with various activities dedicated towards welfare of vulnerable women since the year 1995 and runs a registered society by the name of “Gayatri Women Welfare and Protection Society.”

7. Initially, a zero FIR was lodged at Vivek Vihar Police Station, Delhi, after the intervention of the National Commission for Women and other entities, including NALSA, which came to the aid of the prosecutrix. Subsequently, support was also extended by the present petitioner to the prosecutrix by offering accommodation, etc. at the request of the police while she was facing threats from the earlier accused persons.

8. Subsequently, the zero FIR was converted into FIR No. 310/2020, and the i