Allegations deemed lacking in criminal intent and corroborative evidence, case dismissed as abuse of judicial process
In a significant judgment, the Calcutta High Court has quashed criminal proceedings against Subhadeep Chakraborty, who was accused of assaulting his minor child during court-ordered visitation rights. The case, originally lodged under Burdwan P.S. Case no. 237/2025, involved allegations that Chakraborty had assaulted his son with a tennis ball during a visitation meeting at the court premises on March 1, 2025.
Presiding Judge Dr. Ajoy Kumar Mukherjee ruled that the essential ingredients of the alleged criminal offences, including criminal intent, were not established. The judgment highlighted the lack of independent corroborative evidence and noted that the allegations were based solely on statements from interested witnesses, namely the complainant's father and her lawyer, who were not present at the scene.
The court further observed that the delay of three days in lodging the FIR raised suspicion of embellishment and deliberation, further weakening the prosecution's case. The judgment referenced key principles from the landmark case Bhajanlal v. State of Haryana, emphasizing that the allegations were inherently improbable and suggestive of mala fide intent.
The proceedings were deemed an abuse of the court's process, with the court stating that no useful purpose would be served by allowing the criminal prosecution against Chakraborty to continue. The judgment underscored the need for a clear intention or knowledge to cause harm, which was absent in this case.
The court's decision to quash the proceedings has been welcomed by Chakraborty, who maintained that the allegations were false and part of a malicious prosecution by his estranged spouse. Chakraborty's legal counsel argued that the complainant was attempting to disrupt the father-son bond through fabricated accusations.
This judgment serves as a reminder of the judiciary's role in preventing the misuse of legal processes for personal vendettas, ensuring that accusations are grounded in substantial evidence and genuine intent.
Bottom line:-
Quashing of criminal proceedings - Allegations against a father during court-ordered visitation rights for assaulting his minor child found to lack essential ingredients of criminal intent, corroborative evidence, and independent witness support. Continuation of the prosecution deemed abuse of the court's process.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 126(2), 115(2), 352; Guardians And Wards Act, 1890; Indian Evidence Act Sections 74(1)(iii), 119, 134; Criminal Procedure Code Section 482.
Subhadeep Chakraborty v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2892905
