The main legal point established is the requirement for specific allegations and sufficient materials to support the continuation of criminal proceedings, and the court's power to quash proceedings under Section 482 of the CrPC in cases of abuse of process of law.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This Criminal Revisional application has been filed by the petitioners under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 seeking quashing of proceeding in connection with G.R. Case No. 01 of 2019 arising out of Hariharpara Police Station Case No. 01 of 2019 dated 1st Day of January, 2019 under Sections 447/506/34 of the Indian Penal Code, 1860 which culminated into Charge Sheet vide Charge Sheet No. 66 of 2019 dated 6th day of February, 2019 under Sections 448/506/34 of the Indian Penal Code, 1860 pending before the Court of the Learned Chief Judicial Magistrate, Berhampur, Murshidabad.

FACTS OF THE CASE:

2. The brief facts are relevant for the purpose of disposal of this case as under:

The petitioner nos. 1 and 2 are the husband and wife. Petitioner No. 1 employed as a constable under the National Disaster Response Force under the Ministry of Home Affairs. They have been arraigned as accused persons on the basis of a written complaint filed by the opposite party no. 2 alleging therein that one another case being Belgharia Police Station Case No. 370 of 2018 dated 28th Day of May, 2018 under Sections 376/417/506 of the Indian Penal Code, 1860 is pending before the Court of the Learned Sub-Judge at Barrackpore. In the said case, the petitioner no. 1 enlarged on bail by the Hon’ble High Court. After enlarging on bail, petitioner no. 1 and petitioner no. 2 both were moving around the house of de-facto complainant at village Mamudpur in suspicious manner. She suspected that they were carrying fire arms with a view to attack/assault her or her family members and had also threatened the de-facto complainant with dire consequences to kill. Hence, the present case i.e. Hariharpara Police Station Case No. 01 of 2019 dated 1st Day of January, 2019 under Sections 447/506/34 of the Indian Penal Code, 1860 was registered and started against the Petitioners. Subsequently, upon conclusion of investigation, a charge sheet No. 66/2019 dated 6th Day of February, 2019 under Sections 448/506/34 of the Indian Penal Code, 1860 has been submitted and the learned Magistrate was, inter alia, pleased to take cognizance on 25th Day of February, 2019 though the contention of the petitioners is that the allegation is totally false, fabricated, frivolous and malicious one. No such incident ever took place as alleged by the de-facto complainant/Opposite Party No. 2 herein.

Actually, the opposite party no. 2 was engaged for a private tutor for his daughters. Due to financial problem faced by opposite party no. 2, she requested the petitioners to provide a sum of Rs. 2,50,000/-in the months of October and November, 2017. The petitioner no. 1 herein had paid the said amount through his bank account to the opposite party no. 2 with an undertaking that she would pay back the said amount within a period of six months. But even after expiry of six months, she refused to return the same and to avoid payment and to save herself from initiation of civil and criminal cases and continuous demand by the petitioners, she initiated a false case under Sections 376/417/506 of the Indian Penal Code, 1860 and in that case, when the petitioners have obtained bail, she again lodged another complaint falsely with ulterior motive. Under the above facts and circumstances, the revisional application came up before this Bench for consideration and disposal.

SUBMISSION ON BEHALF OF THE PETITIONERS:

3. It is submitted on behalf of the petitioners that they have waited for a considerable period of time to get back their money given to the de-facto complainant on her request subject to condition that she would return the same within specified time but no result. Having no alternative, the petitioner no. 1 was constrained to file an application under Section 156 (3) of the Code of Criminal Procedure, 1973 on 2nd Day of July, 2018 after issuing a legal notice dated 12th June, 2018 upon the Opposite Party No. 2. Complaint has