- (1.) Invoking Section 482 of the Code of Criminal Procedure, the present petitioner has moved this Court for quashing of a First Information Report relating to the offences punishable under Sections 341/323/380/389/506/114 of the Indian Penal Code as against him.
(2.) According to the Learned Counsel of the petitioner the FIR should be quashed on the following grounds; (a) No case has been made out. (b) The petitioner was not involved in the alleged incident. (c) Mother has intimated the police that the dispute with her son has been settled and she was no longer desirous to proceed against her son. (d) There is no clear and conclusive allegation against the petitioner. (e) The case has been started by the mother to harass the son. On the other hand, Mr. Swapan Kumar Mullick produced the Case Diary and submitted that sufficient materials have been collected during investigation showing the petitioners involvement in the commission of the offence. Pursuant to an order passed by this Court a copy of this application was sent to the opposite party no. 2, the complainant. It appears the same has been returned unserved with the postal endorsement refused.
(3.) So far as the contention of the petitioner that the mother is no longer desirous to proceed with the case against the son and accordingly intimated the concerned police station and as such the case against the present petitioner be quashed cannot be taken into consideration because of the simple reason, the defacto-complainant, mother not only refused to accept the notice, she was not also represented in this criminal revision. In any event, no FIR can be quashed on the mere denial of an accused as regards to his involvement in the commission of the offences and on the further ground that such FIR was lodged to harass him. Those are matters of defence and cannot be gone into without the trial on evidence.;