Published on:18 July 2023 at 13:30 IST
Court: Supreme Court
Citation: Chanchalpati Das v. State of W.B. (2023)
Honourable Supreme Court of India has held that High Courts have power to quash the proceedings in exercise of powers under Section 482 of Code of Criminal Procedure, 1973 to prevent the abuse of process of any Court or otherwise to secure the ends of justice that affects the judicial system which is grossly afflicted with frivolous litigation. Hon’ble Apex Court has held that if a clear case of abuse of process of law is made out by the accused then such the criminal proceedings could be quashed by the High Court.
17. In the light of afore-stated legal position, if the facts of the case are appreciated, there remains no shadow of doubt that the complaint filed by the respondent-complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly when neither the allegations made in the complaint nor in the chargesheet, disclose any prima facie case against the appellants.
The allegations made against the appellants are so absurd and improbable that no prudent person can ever reach to a conclusion that there is a sufficient ground for proceeding against the appellants-accused.
Drafted By Abhijit Mishra
