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AJAY RASTOGI, C. T. RAVIKUMAR
Usha Chakraborty – Appellant
Versus
State of West Bengal – Respondent
You should assume that the case was primarily a civil matter that was being pursued through criminal proceedings. The court recognized that the core issues involved civil rights and remedies, and the criminal proceedings appeared to be a means to address civil disputes. Consequently, the court exercised its jurisdiction to quash the criminal FIR and proceedings to prevent misuse of the criminal process and ensure justice (!) .
JUDGMENT :
C.T. RAVIKUMAR, J.
Leave granted.
1. We have heard the learned counsel on both sides. This appeal by special leave is directed against the final judgment and order dated 17.05.2022 in C.R.R. No. 2615/2017 passed by the Calcutta High Court at Calcutta. The appellants herein approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashment of F.I.R. No. 189/2017 dated 11.04.2017, registered against them and two others, at Madhyamgram Police Station under Sections 323, 384, 406, 423, 467, 468, 420 and 120B of Indian Penal Code (I.P.C.) raising various grounds. The High Court declined to exercise the jurisdiction under Section 482 Cr.P.C. holding that perusal of the case diary as also the materials appearing therefrom prima facie made out a case for investigation. In that view of the matter, the interim order granting stay of all further proceedings pursuant to the registration of the stated F.I.R. was vacated and the stated petition was dismissed.
2. It is to be noted that the aforesaid crime was registered pursuant to the forwarding of an application filed by the respondent herein under Section 156(3) Cr.P.C. raising the allegation
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