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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Hasin Jahan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Being aggrieved by the impugned proceeding, namely Suri police station case no. 299 of 2021 dated 07.08.2021, corresponding to G.R. case No. 946 of 2021, presently pending before learned CJM, Suri, Birbhum, petitioners/accused persons have preferred the present application with a prayer for quashing the said proceeding.
2. It has been contended by Mr. Ahmed on behalf of the petitioners that the petitioner no.1 lodged a complaint against the defacto complainant of the present proceeding alleging that on 17.05.2021 at around 10 a.m. while petitioner no. 1 was cleaning her father’s room, her brother in law and sister started cursing her with fowl languages and when she raised protest, her brother in law assaulted her and outraged her modesty and for which she filed a complaint before the Suri police station being case no. 187/21 dated 17.05.2021. Petitioners further contention is, as a counter blast of the said complaint, petitioner no. 1’s sister namely Shahin Afrin filed present written complaint after about three months of alleged date of occurrence, against the present petitioner on 07.08.2021, with the allegation that on the same date i.e. on 1
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
The court upheld that a prima facie case of extortion was established based on the FIR, emphasizing that the merits of the case should be evaluated during trial, not at the quashing stage.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Power under Section 482 Cr.P.C. can be exercised by the High Court also in a situation where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously in....
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
The main legal point established in the judgment is that the continuance of an FIR and investigation can be considered an abuse of process of law, and the court has the power to quash such proceeding....
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