‘Allowing trial of maliciously instituted criminal case abuse of law’

Kolkata: Observing that allowing a trial based on criminal proceedings maliciously instituted with ulterior motive is an abuse of process of law, the Calcutta High Court quashed a criminal case against six persons accused of assaulting a family and molesting the woman member.

The Bench of Justice Shampa Dutt (Paul) was moved by the six accused for quashing the criminal proceedings instituted against them under several Sections of the IPC.

The case pertains to a complaint lodged at the Shyampukur Police Station in North Kolkata. The complainant woman alleged that despite a suit pending at the civil court regarding a property dispute, the accused persons in August 2022 entered her premises, asking her family to vacate it. When her husband refused citing pendency of the civil suit, they allegedly assaulted him and her son, causing internal injuries.

When she tried to protect them, five of the accused allegedly molested her, attempted to disrobe her and threatened rape.

The court observed none of the said documents requested by the police, including medical injury certificate and CCTV footage of the incident, are part of the case diary and the complainant did not produce them in support of her case and her allegations against the petitioners. Relying on several Supreme Court judgements, especially State of Haryana & Ors v. Bhajan Lal & Ors, the HC observed that the essential ingredients of a criminal offence as alleged are not present.

The evidence collected did not disclose the commission of any offence and failed to make out a case against the accused. Quashing the criminal case against all the accused, the court observed permitting such a case to proceed to trial would clearly be an abuse of the process of law.