Criminal proceedings may be quashed against an accused where case materials disclose no evidence implicating her.

Petitioner No. 1 alleged that Opposite Party No. 2 had induced her to pay Rs. 38,50,000 for a proposed biopic about her life and failed to return the money.

She lodged a complaint against him under Sections 406/420/34 IPC; a charge-sheet was filed and charges were framed in that case.

Opposite Party No. 2 subsequently initiated proceedings against the petitioners, including Ghatal Police Station Case No. 454 of 2022 under Sections 341/323/379/354/506/34 IPC.

The petitioners sought quashing of that proceeding, contending it was retaliatory and unsupported by evidence.

1. Whether the proceeding under Ghatal Police Station Case No. 454 of 2022 should be quashed, in whole or in part, under Section 482 CrPC as against Petitioner No. 1 for want of supporting material and alleged mala fides.

2. Whether the charge under Section 379 IPC should be quashed against all petitioners for want of sufficient particulars or supporting material.

3. Whether the remaining charges against Petitioner Nos. 2 and 3 should be quashed at the threshold despite incriminating material collected during investigation.

Section 482 CrPC empowers the High Court to prevent abuse of process and secure the ends of justice.

Under State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, quashing may be appropriate, among other circumstances, where allegations and supporting material do not disclose an offence, or where proceedings are manifestly mala fide and instituted to wreak vengeance.

The offences alleged were under Sections 341, 323, 379, 354, 506 and 34 IPC.

At the quashing stage, the Court may assess whether the available material supports continuation of proceedings, but should not conduct a mini-trial to determine the veracity of evidence.

The Court found that the parties’ relationship was inimical, that Petitioner No. 1’s earlier complaint against Opposite Party No. 2 had resulted in a charge-sheet and framed charges, and that the later complaint was made in circumstances supporting an inference of a retaliatory motive.

It found no specific overt act or supporting material against Petitioner No. 1, and concluded that continuing the case against her would constitute an abuse of process.

As to Section 379 IPC, the complaint and charge-sheet lacked details of the allegedly stolen gold chain; the Court therefore found no basis to continue that charge against any petitioner.

However, statements recorded under Sections 161 and 164 CrPC and other material disclosed allegations against Petitioner Nos. 2 and 3.

The Court declined to assess their truth at the quashing stage or conduct a mini-trial.

The proceeding in Ghatal Police Station Case No. 454 of 2022 was quashed in its entirety as against Petitioner No. 1, who was discharged from all charges.

The Section 379 IPC charge was quashed against Petitioner Nos. 2 and 3, but the proceeding against them was permitted to continue under the remaining sections in accordance with law.