Calcutta High Court (Appellete Side)
Priyanka Ghosh & Ors vs State Of West Bengal & Anr on 30 March, 2023
30.03.2023
Court No.35
Item No. 13 CRR 3814 of 2016
With
CRAN 4 of 2018 (Old No: CRAN 130 of 2018)
With
CRAN 5 of 2022
Priyanka Ghosh & Ors.
Vs.
State of West Bengal & Anr.
Mr. Angshuman Chakraborty.
... for the petitioner
Mr. Bitasok Banerjee.
... for the State
Affidavit of service filed on behalf of the petitioners be kept with
the record.
Mr. Chakraborty, learned Advocate appears on behalf of the
petitioners and submits that due to the dispute within the family
relating to property matters multifarious cases have been preferred by
both the parties against each other. The present one is one of those so
far as the allegations against the petitioners in the FIR are concerned.
According to Mr. Chakraborty, those will not constitute any cognizable
offence against his clients. He has further submitted that the FIR on
which phase had not disclosed any offence at all by the present
petitioner. On all the grounds as narrated above, he has sought for an
appropriate order for the petitioner in this case.
State is represented and petitioner's prayer is contested.
In this case this Court is invited to exercise power under Section
482 of the Code of Criminal Procedure which empowers a Court with
the inherent power to interfere and make such order as may be
necessary to secure the ends of justice as well as to prevent abuse of
process of any Court.
It is learnt that in this case trial has already commenced. However,
on consideration of the facts and circumstances of this case and the
materials available in case diary to suggest long standing family dispute
between the parties relating to property etc., it is found that furtherance
of the trial in this case will amount to be only an abuse of the Court's
process and it is necessary for the ends of justice that this Court
interferes in the matter.
It is noteworthy that the alleged offence would at best subject the
petitioner/accused person to a conviction for a period of three (3) years
whereas seven (7) years have already elapsed from the date of initiation
of the criminal proceedings. Materials are overwhelmingly evident from
even the case diary (more particularly witnesses' statement) that there
has been a long-standing family dispute between the parties in
connection with the property matters. The criminal cases are filed out of
grudge and vengeance, which is deprecatory. In a recent judgment of
Deepak Gaba & Ors. vs. State of Uttar Pradesh & Anr. reported in (2023)
3 SCC 423, the Hon'ble Supreme Court has held that,
"34. We must also observe that the High Court, while dismissing the
petition filed under Section 482 of the Code, failed to take due notice
that criminal proceedings should not be allowed to be initiated when it
is manifest that these proceedings have been initiated with ulterior
motive of wreaking vengeance and with a view to spite the opposite side
due to private or personal grudge. Allegations in the complaint and the
pre-summoning evidence on record, when taken on the face value and
accepted in entirety, do not constitute the offence alleged. The inherent
powers of the court can and should be exercised in such circumstances.
When the allegations in the complaint are so absurd or inherently
improbable, on the basis of which no prudent person can ever reach a
just conclusion that there is sufficient wrong for proceeding against the
accused, summons should not be issued."
The principles decided in the same squarely applies here too.
Considering all, I am of the view that the allegations made in the FIR
against the petitioner would not constitute to be a cognizable case
against her and proceeding in trial in this case would amount to abuse
of the process of the Court.
Accordingly, following the settled principles of law the trial is not
to be proceeded and by exercising the extraordinary jurisdiction of this
Court, the prayer of the petitioners in this case is allowed.
Accordingly, all the proceedings in connection with G.R. Case No.
3631 of 2015 arising out of Ultadanga Police Station Case no.260 of
2015 dated 04.11.2015 pending in the Court of Additional Chief
Judicial Magistrate, Sealdah, North 24 Parganas is quashed and set
aside.
All pending applications being CRAN 4 of 2018 (Old NO: CRAN 130
of 2018), CRAN 5 of 2022 are consequently disposed of.
Urgent photostat certified copy of this order, if applied for, be
given to the parties, upon compliance of necessary formalities.
(Rai Chattopadhyay, J.)
