Criminal proceedings cannot be quashed where charge-sheet material discloses a prima facie case.

The petitioner, arrayed as Accused No. 10, sought to quash proceedings in C.C. No. 1476/2022 arising from Crime No. 284/2018, alleging offences under Sections 417, 420, 407, 408, 409, 272, 273, 120B, 34 and 37 IPC.

He argued that the FIR contained no allegation against him, that he had been transferred in 2015, and that the relevant area was outside his jurisdiction. The State opposed the petition, relying on charge-sheet material alleging that the petitioner and other officers colluded with Accused No. 1 in mixing skimmed milk powder, identified as Maltodextrin, with milk supplied by farmers. The charge sheet included witness statements supporting those allegations.

Whether the charge-sheet proceedings against the petitioner should be quashed under Section 482 Cr.P.C. on the ground that the allegations and material did not disclose a prosecutable case against him.

Whether the case fell within any of the categories identified in State of Haryana v. Bhajan Lal for exercise of the High Court’s inherent power to quash criminal proceedings.

Section 482 Cr.P.C. preserves the High Court’s inherent power to prevent abuse of the process of any court or otherwise secure the ends of justice.

In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Supreme Court identified illustrative categories in which that power may be exercised, including where the allegations, taken at face value, do not disclose an offence; the uncontroverted allegations and supporting evidence disclose no offence; the allegations are inherently improbable; or the proceedings are barred by law or manifestly mala fide.

The Court considered the charge-sheet allegations and supporting material, including witness statements, which attributed to the petitioner participation in the alleged adulteration in collusion with Accused No. 1. It therefore rejected the contention that there was no material connecting the petitioner to the offences.

In light of that material, the Court held that the case did not fall within any of the Bhajan Lal categories warranting quashing; it did not accept the petitioner’s grounds concerning the absence of allegations in the FIR and his transfer as sufficient to quash the proceedings.

The criminal proceedings in C.C. No. 1476/2022 against the petitioner were not quashed.