BRAJA KISHORE ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the present petitioner has moved this Court for quashing of a First Information Report relating to the offences punishable under Sections 341/323/380/389/506/114 of the Indian Penal Code as against him.

(2.) According to the Learned Counsel of the petitioner the FIR should be quashed on the following grounds;

(3.) So far as the contention of the petitioner that the mother is no longer desirous to proceed with the case against the son and accordingly intimated the concerned police station and as such the case against the present petitioner be quashed cannot be taken into consideration because of the simple reason, the defacto-complainant, mother not only refused to accept the notice, she was not also represented in this criminal revision. In any event, no FIR can be quashed on the mere denial of an accused as regards to his involvement in the commission of the offences and on the further ground that such FIR was lodged to harass him. Those are matters of defence and cannot be gone into without the trial on evidence.