Prolonged investigation into petty, resolved allegations causing career prejudice warrants quashing of the FIR.

The petitioner, a second-year B.Tech student, was alleged to have joined approximately 25 other students in creating a nuisance at Supaul College of Engineering following dissatisfaction over internal marks.

The FIR alleged offences under Sections 143, 341, 323, 353, 379 and 427 of the IPC, including assault, damage to furniture and ransacking of the college office; however, no serious injury or substantial damage was reported.

The FIR was registered on 7 May 2019, but investigation had not concluded and no charge-sheet had been filed against the petitioner or the other students.

The petitioner became aware of the case only upon receiving a notice under Section 41A CrPC dated 11 August 2023, when obtaining a character certificate.

The college authorities and students had subsequently entered into a compromise and restored cordial relations, although the FIR remained pending.

1. Whether the allegations in Karjain P.S. Case No. 43 of 2019, even if accepted at face value, disclosed the commission of the offences alleged under Sections 143, 341, 323, 353, 379 and 427 IPC.

2. Whether the continuation of an investigation into a petty and resolved student dispute for several years, without filing a charge-sheet, constituted an abuse of the process of law warranting exercise of the High Court’s inherent jurisdiction to quash the FIR.

3. Whether the FIR could be quashed despite the non-service of notice upon the informant, who was no longer traceable at his former place of posting, in view of the prolonged pendency and the petitioner’s threatened career prospects.

The Court considered the offences alleged under Sections 143, 341, 323, 353, 379 and 427 of the Indian Penal Code and exercised its inherent jurisdiction under Section 482 CrPC to prevent abuse of the process of the Court.

It applied category 1 of the principles in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, under which proceedings may be quashed where the allegations, even if taken at face value, do not constitute an offence.

Relying on Sunil Kumar v. State of U.P., (2023) 8 SCC 481, the Court held that continuation of proceedings concerning a trivial dispute, particularly where there has been no meaningful progress, may amount to persecution and harassment.

It further relied on Robert Lalchungnunga Chongthu @ R.L. Chongthu v. State of Bihar, 2025 SCC OnLine SC 2511, for the principle that the right to speedy investigation and trial forms part of Article 21 of the Constitution and that an investigation cannot continue indefinitely without adequate justification; prolonged investigation may justify recourse to Section 482 CrPC, corresponding to Section 528 BNSS.

The Court found that the alleged incident arose from a student protest concerning internal marks and represented a minor act of youthful exuberance rather than a serious criminal occurrence.

The allegations indicated no serious injury or substantial damage, and the dispute had subsequently been resolved through restored relations between the students and college authorities.

On examining the FIR and case diary, the Court concluded that the allegations did not, prima facie, make out the offences invoked, thereby bringing the case within category 1 of Bhajan Lal.

The Court further held that the failure to complete investigation from 2019 until the date of decision, despite the absence of any charge-sheet and notwithstanding that the interim stay concerned only proceedings before the trial court and not the investigation, demonstrated that the investigation had continued excessively and without adequate justification.

This prolonged pendency was causing continuing prejudice to the petitioner’s education, employment and future prospects, and transformed what should have been a prosecution into persecution.

In the circumstances, the Court considered issuance of notice to the former college Principal unnecessary, as his whereabouts were unknown and further delay would perpetuate the prejudice to the petitioner.

Exercising its inherent jurisdiction, the Court quashed Karjain P.S. Case No. 43 of 2019 dated 7 May 2019 insofar as it concerned Rahul Kumar.

The criminal miscellaneous application was accordingly allowed.