Section 482 quashing is unwarranted where allegations disclose a prima facie cognizable offence.

The petitioner sought quashing under Section 482 of the Code of Criminal Procedure, 1973, of proceedings arising from Gaighata Police Station Case No. 90 of 2017, registered under Sections 341/323/354B/506/509/34 IPC.

The complaint alleged that the petitioner and two others assaulted the complainant and his son and molested the complainant’s wife.

After investigation, a charge-sheet was filed against the three accused.

The petitioner claimed false implication and absence from the scene; the State submitted that the investigation disclosed material supporting the allegations of assault and threats, though it accepted that there was no material for the offence under Section 354B IPC.

Whether the criminal proceedings against the petitioner should be quashed under Section 482 CrPC on the grounds of false implication and absence from the scene

Whether the allegations and materials collected during investigation disclosed a prima facie case warranting that the proceedings continue

Section 482 CrPC, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, preserves the High Court’s inherent power to prevent abuse of process and secure the ends of justice.

Relying on Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others, 2021 SCC OnLine SC 315, the Court reiterated that quashing powers must be exercised sparingly and with circumspection; a court considering quashing cannot assess the reliability or genuineness of allegations or conduct a mini-trial; and where the allegations disclose a cognizable offence, factual disputes ordinarily should be left for trial.

The Court found that the FIR alleged cognizable offences and that the investigation had produced statements under Section 161 CrPC and medical evidence supporting a prima facie case of assault and threats.

Applying Neeharika Infrastructure, it declined to determine at the quashing stage whether the petitioner was falsely implicated or absent from the scene, treating those contentions as factual matters for trial.

The materials did not make the case absurd, inherently improbable, or manifestly mala fide.

Although the State acknowledged the absence of material concerning Section 354B IPC, the Court did not quash the proceedings.

The Court dismissed the revisional application, CRR 4966 of 2024.

Connected applications, if any, were disposed of, and any interim order was vacated.