The Supreme Court on Monday, April 6, held that courts may quash criminal proceedings when the prosecution fails to rebut credible and unimpeachable material that destroys the factual basis of a complaint.
A Bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria made the observation while quashing proceedings against appellants accused of assaulting an elderly man. The Court found the CCTV footage important. It said the footage contradicted the complainant’s version. It also noted that the prosecution did not counter that material.
“Where reliable and unimpeachable material demonstrably displaces the factual basis of the accusations and the prosecution is unable to effectively counter the same, the Court would be justified in invoking its inherent jurisdiction to prevent injustice. Such an approach not only accords justice to the accused but also obviates the wastage of precious judicial time on proceedings which, on the admitted material, do not hold a reasonable prospect of culminating in conviction,” the Court observed.
The case arose from an incident in an apartment complex in Kolkata in October 2022. A 77-year-old complainant alleged that several persons assaulted and threatened him and his family. The police then registered an FIR under various IPC provisions, including unlawful assembly, hurt and criminal intimidation.
The Calcutta High Court quashed the proceedings against two co-accused. It found no specific allegations against them. However, it denied the same relief to the three appellants. They then moved the Supreme Court.
Justice Mehta authored the judgment. The Court closely examined the CCTV footage, which formed part of the prosecution’s own charge sheet. It found that the footage did not support the allegations against the appellants. Instead, it showed them trying to pacify the situation rather than joining the violence.
“The footage, which was heavily relied upon by both the sides during the course of arguments, upon careful scrutiny, does not depict the appellants participating in any act of assault or overt aggression, thereby substantially dislodging the factual foundation of the allegations against them. The said material stands unrefuted in any meaningful manner and is of such character that it cannot be lightly brushed aside even at the stage when the Court is considering a prayer for quashing the proceedings of the criminal case at its inception,” the Court observed.
The Bench relied on Pradeep Kumar Kesarwani v. State of Uttar Pradesh, 2025 LiveLaw (SC) 880. In that case, the Court had laid down the steps to consider in quashing petitions under Section 482 Cr.P.C., now Section 528 BNSS.
Referring to that ruling, the Bench held that continuing the present case would misuse the criminal process.
The Court observed that “the continuation of such proceedings, in face of total lack of credible material connecting them with the alleged offences, would amount to misuse of the criminal process.”
In Pradeep Kumar Kesarwani (supra), the Court laid down the following test:
“(i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is of sterling and impeccable quality?
(ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.
(iii) Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?
(iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?
If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C.”
On these findings, the Supreme Court allowed the appeal and quashed the pending proceedings.
Cause Title: SAJAL BOSE VERSUS THE STATE OF WEST BENGAL AND ORS.
Citation: 2026 INSC 335
