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BIBHAS RANJAN DE
Indranil Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. Quashing of the proceedings in connection with A.C. No. 1637 of 2017 pending before the Court of Ld. Judicial Magistrate, 5th Court, Alipore under Section 427/454/120B/34 of the Indian Penal Code (for short IPC) has been sought for by the petitioners in connection with CRR No. 441 of 2018.
2. The prayer for speedy disposal of the said proceeding pending before the Ld. Judicial Magistrate, 5th Court, Alipore has been made by the petitioner in connection with CRR 4191 of 2017.
3. Both this revision applications are taken up together for disposal via this common judgment.
Brief facts:
4. On 02.09.2014 at about 1.30 p.m. the accused/petitioners (in connection with CRR 441 of 2018) entered through the main gate of the premises at Raja Rammohon Roy Road, Haridevpur, Kolkata-700041 and broke the padlock of the open car parking space owned by husband of the opposite party no. 2 (in connection with CRR 441 of 2018). On the basis of this event, an FIR being no. 447 of 2018 was lodged on 23.09.2014 to the Haridevpur Police Station where police submitted final report declaring the case as non-cognizable. Thereafter, Narazi petition was filed by the opposite party n
The court affirmed that allegations must disclose a cognizable offence for criminal proceedings to continue, and the inherent powers to quash should be exercised sparingly.
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
The court emphasized that the power to quash criminal proceedings under Section 482 of Cr.P.C. should be exercised sparingly and only in cases where the complaint does not disclose any offense or is ....
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
The court emphasized that the allegations, if proved, constitute an offence and should be decided in a trial, and that the court cannot appreciate evidence while considering a petition for quashing c....
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
The power to quash criminal proceedings should be exercised sparingly and in rarest of rare cases, and a prima facie case must be established for the charges to be framed.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
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