Criminal proceedings cannot stand absent material connecting the accused to the alleged offence.

The second respondent complained that, on 24 April 2019, several persons associated with finance companies intercepted the autorickshaw in which she and others were travelling near Kanaikanahalli, abused and assaulted them, and pulled their hair and removed a veil

The police investigated Crime No. 245/2019 and filed a charge sheet naming the petitioner as accused No. 3.

He sought to quash the proceedings, arguing that he was not named in the FIR and that no material connected him to the incident.

The State opposed the petition, submitting that witness statements supported the charge sheet.

1. Whether the proceedings against the petitioner could be quashed where he was not named in the FIR and the record contained no other material connecting him to the incident.

2. Whether continuing the prosecution against the petitioner, in those circumstances, would be a futile exercise and an abuse of process.

The petition invoked Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure.

The alleged offences included Sections 143, 504, 323, 341, 506 and 149 of the Indian Penal Code, although the judgment also describes the charge-sheet offences as including Section 354.

The Court applied the principle that proceedings may be quashed where the material on record does not connect the accused to the alleged incident and continuation of the case would amount to an abuse of process.

The judgment cites no precedent.

The Court considered the complaint and witness statements and noted that, although several people were allegedly involved in the incident, the petitioner was not named in the FIR and the record disclosed no other connecting material showing that he participated in it.

It also noted that he was an employee of L&T Finance.

On that record, the Court concluded that proceeding against him would be futile and an abuse of process.

It clarified that this relief would not affect prosecution of the remaining accused in accordance with law.