Calcutta High Court: Quashing FIRs Only in Rarest Cases, Not by Whim
Calcutta HC: Quash FIRs Only in Rarest Cases, Not by Whim

Calcutta High Court Emphasizes Strict Standards for Quashing Criminal Cases

The Calcutta High Court has delivered a significant ruling, stating that criminal cases cannot be dismissed based on "whims and caprice" and can only be quashed in the "rarest of rare cases". This decision came on Wednesday as the court refused to quash a criminal case against a man accused of stalking and assaulting a woman.

Court's Firm Stance on Legal Procedures

Justice Chaitali Chatterjee (Das) reiterated that the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or Article 226 of the Constitution must be exercised with extreme caution. "The inherent powers do not confer an arbitrary jurisdiction on the High Court to act according to whims and caprice. Such power has to be exercised sparingly, with circumspection and in the rarest of rare cases," she emphasized.

The court highlighted that these provisions are not tools to "choke or smother legitimate prosecution" but are reserved for exceptional circumstances where justice demands intervention.

Details of the Case

The case involves a complainant who alleged that the accused had been stalking her for four years and assaulted her after their relationship ended. The High Court's refusal to quash the FIR underscores its commitment to ensuring that criminal proceedings are not derailed without substantial grounds.

  • The ruling reinforces the principle that judicial discretion must be used judiciously.
  • It serves as a reminder that quashing FIRs is a serious step, not to be taken lightly.
  • The decision aims to protect the rights of victims and uphold the integrity of the legal process.

This judgment is expected to set a precedent for similar cases, emphasizing that courts must adhere to strict standards when considering requests to dismiss criminal charges. It underscores the balance between judicial authority and the need for fair prosecution in the Indian legal system.