IMPORTANT POINT
The Court established that proceedings can be quashed under Section 482 of the CrPC when allegations do not constitute a prima facie case and continuing would abuse the Court process.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Heard learned Senior Counsel Ms. N. Modi for the petitioner Swati Bidhan Baruah.

2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the FIR, Complaint, Charge Sheet & Criminal Proceeding pending in the Court of Chief Judicial Magistrate, Kamrup (M) (the CJM for short) against the petitioner, registered as GR Case No. 3354/2013 arising out of CID Police Station Case No. 21/2013 registered under Sections 385/506 of the Indian Penal Code, 1860 (the IPC for short) read with Section 66 A of the Information Technology Act, 2000 (IT Act for short) and later Sections 406/419/420 IPC were also added. It is submitted that charges have been framed against the petitioner and this case is pending at the stage of evidence. Charge under Sections 385/406/420/506 IPC has been framed against the petitioner vide order dated 15.07.2016 passed by the learned CJM, Kamrup (M).

3. It is submitted that charges have erroneously been framed and thereafter, the complainant failed to appear before the learned trial Court. Not a single witness has appeared before the learned trial Court. This case which was initiated on 05.04.2013 was pending for evidence continuously. No offence under Sections 385/406/420/506 IPC has been made out against the petitioner. The trial Court has gravely erred in taking cognizance and framing charge under the aforementioned Sections of law. The FIR only reveals telephone conversations between the complainant and the present petitioner.

4. The FIR unfolds that the informant Neeraj Bachhraj, a combatant member of Indian Air Force who was posted at Air Force Station Chabua with effect from 05.10.2012, has a Facebook account in his name as Neeraj Bachhraj and user ID as 8901589742. On 10.03.2013, he had received a friend request from an unknown girl as Sagrika Baruah and on asking, he gave his mobile number to the girl and she called immediately from her mobile number. They developed friendship and used to share their feelings with each other. Initially, she sent her photograph through Facebook and on her request, he also forwarded his photographs, but after a few days, the girl started compelling him to marry her. It is further alleged through the FIR by Neeraj Bachhraj that he had expressed his inability to marry her due to his own reasons but on 25.03.2013, the girl threatened to commit suicide if he did not marry her. On 26.03.2013, the girl’s brother identifying himself as Squardon Leader at Hasimara, called him over phone and informed him that as the girl had attempted to commit suicide, he would have to come and meet the girl, failing which the girl’s brother threatened Neeraj Bhachhraj with dire consequences like terminating him from service as he (girl’s brother) is acquainted with the Officer Commandant in Chief. The girl also demanded Rs.18,000/- (Rupees Eighteen Thousand) to gift him a motorcycle.

5. Section 385 IPC reads : -

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 406 IPC reads : -

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 420 IPC reads : -

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and;

Section 506 IPC reads : -

Whoever commits, the offence of criminal intimidation shall be pu