Kolkata: The court cannot quash criminal cases on “whims and caprice”, it can only be done in “rarest of rare cases”, the Calcutta High Court held on Wednesday while refusing to quash a criminal case against a man accused of stalking and assaulting a woman.“Under Section 482 CrPC or under Article 226 of the Constitution to quash the FIR is to be exercised in a very sparing manner and is not to be used to choke or smother the prosecution that is legitimate. The inherent powers do not confer an arbitrary jurisdiction on the HC to act according to whims and caprice. Such power has to be exercised sparingly, with circumspection and in the rarest of rare cases” Justice Chaitali Chatterjee (Das) reiterated.
The complainant had alleged that the accused had been stalking her for four years and assaulted her after their relationship ended. — Srishti Lakhotia
