The Calcutta High Court while hearing the Criminal Revision found that the mere filing of a complaint by the instant petitioner against the de-facto complainant prior to her complaint cannot, by itself, be treated as vexatious or as constituting an abuse of the process of law if the trial is allowed to proceed in the matter.
The aforesaid decision has been given by Single Bench of Justice Chaitali Chatterjee Das on the Criminal Revision which has been filed by Uttam Mondal and seeking quashing of criminal proceedings filed under Sections 341,325,354D,308,506,509 of Indian Penal Code, 1860.
While dismissing the revision application, the High Court observed that,
“It is settled law that the parameters required for quashing of a complaint and the proceeding after the charge-sheet has been submitted are not same. The learned Trial Court, after considering the materials were satisfied about the existence of the prime material against the petitioner and refused to allow the application to discharge the petitioner therefore this Court must be more cautious and circumspect while exercising the discretionary power under section 482 of the Code of Criminal Procedure.”
According to the FIR, on 18 May 2022, Opposite Party No. 2 lodged a complaint alleging that on 17 May 2022 at about 7:55 p.m., while she was returning home and had reached near her residence, the petitioner restrained her, abused her in filthy language, and threatened her with dire consequences. Upon her protest, he allegedly assaulted her with fists, slaps and kicks, pushed her against a boundary wall, outraged her modesty, and attempted to snatch her gold chain during the scuffle.
It was further alleged that the petitioner was in the habit of harassing her and making false proposals, and that the incident occurred as she had refused. On receipt of the complaint, the police started investigation, examined witnesses, and ultimately submitted a charge-sheet against the petitioner.
During the hearing, the counsel for the petitioner submitted that, he has been falsely implicated and proceedings are not maintainable in law, as the written complaint does not disclose the essential ingredients of the alleged offences.
It is further contended that although ten witnesses are named in the charge-sheet, only six were examined, with no explanation for the non-examination of the remaining witnesses.
It was further submitted that the petitioner, a social worker dealing with custodial deaths and cases against the police, therefore, has been falsely implicated in the case.
Besides this, it was also contended that there are inconsistencies in the statement of Opposite Party No. 2 as recorded under Section 161 CrPC, whereby she has belied her own case, rendering the proceedings unsustainable and matter was liable to be quashed.
The Court observed by rejecting the contention of the petitioner that,
“……….the allegation about commission of some serious offences are found in the F.I.R against the petitioner without referring to any prior relationship as claimed by the present petitioner . In course of investigation also sufficient materials are found in existence as appears from the case diary in support of the Opposite Party no.2 and the statements made by the various witnesses against the present opposite party no. 2.”
On the other hand, counsel for the Opposite Party No. 2 stated that on 20.06.2025, a charge has been framed. The criminal revisional application was filed in 2023, and stay order was granted in August 2025, and trial was about to commence. The revision was not filed against rejection of discharge order. Significantly, it was submitted that an application for vacating the interim stay granted on 12 August 2025, was filed by the Opposite Paty No. 2, by which the proceedings were stayed.
Ultimately after hearing both the parties, the Court refused to grant any relief to the petitioner and accordingly, dismissed the revision application.
Case: Uttam Mondal Vs The state of West Bengal & anr.
Date of Order: 11.02.2026
See the Order: Uttam mondal Vs The state of West Bengal & anr.
