ASHOK Vs. JYOTI

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking quashing of the entire proceedings in C.C. No. 299/2012 on the file of JMFC, Chincholi.

(2.) THE brief factual matrix that emanate from the records are:

(3.) QUASHING of the proceedings have to be very carefully dealt with by the Court. In a rarest of the rare case where the allegations made in the first information report or if the charge sheet is filed, after going through the charge sheet papers if the Court is of the opinion that no semblance of material is available to constitute any offence alleged against the petitioners, then the Court can quash such proceedings or if the Trial Court while taking cognizance has not followed any legal procedure or if there are any legal lapse and if the initiation of the proceedings itself is irregular or illegal which suffer from incurable defect then the Court can quash the proceedings or if the material disclose that in order to wreck vengeance the complaint is filed, then also the Court can quash the proceedings. When plain reading of the complaint allegations made against the petitioners constitute any offence, the Court cannot quash such proceedings. When the first information report is concluded and the charge sheet is filed, the Court has to go through the charge sheet papers meticulously and thereafter come to the conclusion whether there are any material to frame charge against the petitioners. At this juncture, the allegations made even broadly understood are sufficient to constitute some offences. Therefore, the proceedings cannot be quashed.