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BIBHAS RANJAN DE
Chanchal Mukherjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. This revision application has been preferred for quashment of the proceedings in connection with Kalna PS Case no. 83 of 2014 dated 13.02.2014 under Section 354/504/506/34 of the Indian Penal Code corresponding to G.R. Case No. 190 of 2014.
Brief facts:-
2. Opposite party no. 2 herein was an employee of a company named India Infoline for one and a half years as permanent gold loan staff. On 13.02.2014 the opposite party no. 2 herein, filed a written complaint with the in-charge of Kalna Police Station alleging inter alia that the opposite party no. 2 was subject to indecent proposal by her Branch Manager Pankaj Mitra on the instruction of one Sandip Singha, staff of the Zonal Office and Assistant Territorial Manager, Chanchal Mukherjee. In the complaint, the opposite party no. 2 has alleged that the above named accused have harassed a lot of female employees in the similar manner in the past but as they could not do the same with the opposite party no. 2 herein, they terminated her from job. It was further alleged that the above named accused tried to offer money in exchange of the withdrawal of the complaint made by the opposite party no. 2. As t
The essential elements of the alleged offence, compliance with procedural requirements, and the possibility of malicious motive in filing a complaint are crucial considerations in determining the qua....
The court established that complaints of harassment under IPC Sections 354 and 509 must demonstrate assault and intent, which were absent; thus, quashing the FIR to prevent abuse of legal process.
The court established that mere touching does not constitute criminal force under IPC Section 354, and an FIR can be quashed if found to be motivated by personal vendetta rather than legal merit.
Quashment of criminal proceedings is not permissible if prima facie evidence exists to support allegations of sexual harassment and insulting modesty under relevant sections of IPC and KP Act.
(1) Quashment proceeding – To exercise inherent power under Section 482 of Cr.P.C is not the rule but it is an exception which can be applied only if it appears to Court that miscarriage of justice w....
The court quashed criminal proceedings against the petitioner due to lack of prima facie evidence and findings of mala fide intent behind the allegations.
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