Quashing of Criminal Proceedings on Disproof by Reliable Material

Source: Supreme Court

Why in News? 

A Supreme Court bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice N.V. Anjaria in the case of Sajal Bose v. State of West Bengal & Ors. (2026) quashed criminal proceedings under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS) (Section 482 of CrPC) after CCTV footage conclusively showed that the accused were not involved in the alleged offence. The ruling reiterates the scope of inherent powers to prevent misuse of criminal law.

What was the Background of Sajal Bose v. State of West Bengal & Ors. (2026) Case? 

• The case arose from an apartment dispute in Kolkata (October 2022).  
• A 77-year-old complainant alleged assault and threats by multiple persons.  
• FIR was registered under provisions relating to:  
  • Unlawful assembly  
  • Voluntarily causing hurt  
  • Criminal intimidation  
• The Calcutta High Court:  
  • Quashed proceedings against two co-accused (lack of specific allegations)  
  • Refused relief to three appellants  
• The appellants approached the Supreme Court. 

What were the Court’s Observations? 

The Court made the following key observations: 

• Unimpeachable Evidence Rule: 
  Where material of sterling quality disproves allegations, courts can quash proceedings.  
• Role of CCTV Footage:  
  • CCTV footage (part of charge sheet) showed:  
    • Appellants were not involved in violence. 
    • They were instead pacifying the situation. 
  • This directly contradicted the complainant’s version.  
• Failure of Prosecution:  
  • The prosecution failed to rebut the CCTV evidence. 
  • Such material cannot be ignored even at the initial stage. 
• Abuse of Process: 
  Continuing proceedings despite lack of credible evidence would:  
  • Amount to misuse of criminal law. 
  • Lead to wastage of judicial time. 
• Applying the law laid down in Pradeep Kumar Kesarwani v. State of Uttar Pradesh (2025), where the court laid down the steps to be considered by the High Court while hearing quashing petitions under Section 528 of BNSS, 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, the test laid down was: 
  • Sterling Quality Evidence: The material relied upon must be credible, reliable, and of impeccable quality.  
  • Negates Allegations: The material should completely disprove or override the factual assertions made in the complaint.  
  • Unrebutted by Prosecution: The material remains unchallenged or cannot be effectively refuted by the prosecution.  
  • Abuse of Process: Continuing the trial would amount to misuse of the judicial process and defeat the ends of justice. 
• The Supreme Court allowed the appeal and quashed the criminal proceedings, holding that where reliable evidence demolishes the prosecution’s case and remains unchallenged, continuation of trial would be unjust and contrary to the purpose of criminal law.

What is Section 528 of BNSS? 

About: 

• This section was earlier covered under Section 482 of CrPC. 
• Section 528 of BNSS deals with the saving of inherent powers of the High Court. 
• It states that nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 
• This section does not confer any inherent power on the High Courts, and it only recognizes the fact that High Courts have inherent powers. 

Purpose: 

• Section 528 of BNSS lays down as to when the inherent power may be exercised. 
• It enumerates three purposes for which the inherent power may be exercised:  
  • to make orders necessary to give effect to any order under the Code. 
  • to prevent abuse of the process of any court. 
  • to secure the ends of justice.