Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This is an application under Section 482 of Cr.PC filed by the petitioner for quashing of the proceeding pending before the learned ACJM Alipore.

Brief resume of the case

2. The petitioners are the reputed doctors by profession .Petitioner no 2 lodged the complaint against the de-facto complainant on 14.5.2021, pursuant to which the de-facto complainant was arrested and subsequently enlarged on bail. The de-facto complainant was a domestic help and on May 14,2021 she found the chain of her bag is open and her Aadhar card, mobile, two ATM card, Debit card ,one set of key of two Almirahs and cash of Rs. 5,000/- was stolen from her bag .The petitioner no. 2 checked her bag in the last afternoon when all the items were in the bag at her room and after that she did not go outside of her house . The Opposite Party no. 2 used to work as maid-cum-aaya and stays at her house about 10 hrs. and the petitioner no.2 strongly believed that the Opposite Party no. 2 has stolen the items. On the basis of the complaint lodged by her Garfa P.S case no. 102 of 2021 dated 14.5.2021 started under Section 381 of the Indian Penal Code.

After 20 days from the date of registration of the aforesaid F.I.R against the Opposite Party no.2 she lodged a written complaint against both petitioners on June 5,2021 alleging that after working for a period of 6 months on 17.5.2021 at about 8.30 am when she went to the house of the petitioner to collect her salary due for 1 and ½ month amounting Rs. 15,000/- and when asked for her salary ,the petitioners assaulted her with fist and blows an she fell down thereafter the petitioner no 1 touched her body and abused her and then she was treated at Bagha Jatin hospital .On the basis of such complaint Garfa P.S case started against the petitioners under Sections 341/3232/354/509/114 of the Indian Penal Code. The petitioner were served with notice under Section 41A Cr.Pc by the Investigating Officers and the petitioner duly appeared and co-operated with them. The I.O completion of the investigation submitted the charge-sheet only relying upon the statement of the Opposite Party, on 31.7.2021 against the petitioners. Having no other alternative the petitioners have come before this court for quashing of the Chargesheet and the entire proceeding.

Submissions

3. The learned Advocate of the petitioner argued that the allegations levelled against the petitioners are absurd, inherently improbable and is a counter blast to the complaint lodge d by them against the de-facto complainant. The petitioners lodged the complaint on 14.5.2021 on the basis of which she was arrested on the very date, produced b before the court and was granted bail on 15.5.2021 and hence it is absolutely improbable that despite such fact the de- facto complainant voluntarily visit the residence of the petitioners and would continue to work on 17.5.2021 that is two days of her arrest.

Further argued that the petitioner no. 2 being the legally wedded wife would abet her own husband to molest another woman that too in her presence itself is not believable by any prudent person as it is so improbable. It is equally improbable that any domestic help or employee would demand salary for 1 and half months since salary is always paid on monthly basis and therefore it is a concocted story that she asked for salary in the middle of a month without completing the entire month sounds unusual and improbable.

It is the contention of the learned advocate that the criminal proceeding is maliciously instituted by the de-facto complainant with ulterior motive only in order to wreaking vengeance out