The Calcutta High Court held that criminal proceedings cannot continue when the complaint lacks specific material and shows serious inconsistencies. The Court found that the complainant had filed two complaints regarding the same alleged incident without proper explanation.
The Court also noted contradictions in the statements recorded during investigation. It observed that courts must prevent misuse of criminal law in matrimonial disputes. Exercising its inherent powers under Section 482 CrPC (Section 528 BNSS), the Court held that continuation of the proceedings would amount to abuse of the process of law and therefore quashed the case.
The following paragraphs explain the reasoning that led to the decision.
“On careful perusal of the materials on record, it can be found that the Opposite Party no. 2 lodged the complaint before Sagar Police Station… The subsequent complaint was filed before the Court of Learned ACJM at Ranaghat under Section 156(3) Cr.P.C… also in respect of the incident dated March 18, 2022.”
“No satisfactory explanation can be found as to why the de-facto complainant had to lodge two different complaint before different places in respect of self-same incident within a gap of 2 months.”
“It is also a settled law that in case it is found that the nature of complaint primarily found to be of vexatious and frivolous, the courts owes a duty to look into the other evidences collected and did not have to be confined within the content of the written complaint.”
“Therefore on the cumulative assessment of the entire facts and circumstances this Court do not find any material or sufficient material to allow the proceedings to continue further since it would otherwise be absolute abuse of the process of law.”
Decision
The Calcutta High Court allowed the criminal revision petition.
The Court quashed the criminal proceedings pending before the Magistrate. The Court held that continuation of the case would amount to abuse of the process of law.
Citation :2026:CHC-AS:134
Other Sources :
Index of Quash judgments is here.
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