S.528 BNSS | Criminal Proceedings Can Be Quashed When Reliable Material Disproves Allegations : Supreme Court

The Supreme Court on Monday (April 6) held that where the prosecution fails to rebut credible and unimpeachable material which effectively undermines the factual foundation of the complaint, the Court would be justified in exercising its power to quash the proceedings.

A bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria quashed the criminal proceedings against Appellants who were booked for assaulting an old man, noting that CCTV footage proved to be significant as it contradicts the complainant's version which was not countered by the prosecution.

“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 a dispute in an apartment complex in Kolkata in October 2022. A 77-year-old complainant alleged that he and his family were assaulted and threatened by several individuals, leading to registration of an FIR under multiple provisions of the IPC, including unlawful assembly, hurt, and criminal intimidation.

While the Calcutta High Court quashed proceedings against two co-accused due to lack of specific allegations, it refused similar relief to the three appellants, prompting them to approach the Supreme Court.

Allowing the appeal, the judgment authored by Justice Mehta closely examined the CCTV footage that formed part of the prosecution's own charge sheet and noted that the footage did not support the prosecution's allegations against the Appellants; instead, it proved otherwise that the Appellants were pacifying 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.

Applying the law laid down in Pradeep Kumar Kesarwani v. State of Uttar Pradesh, 2025 LiveLaw (SC) 880, where the court laid down the steps to be considered by the High Court while hearing quashing petitions under Section 482 Cr.P.C. (now Section 528 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 (supra), the test laid down was:

"(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."

Accordingly, the appeal was allowed, and pending proceedings were quashed.

Cause Title: SAJAL BOSE VERSUS THE STATE OF WEST BENGAL AND ORS.

Citation : 2026 LiveLaw (SC) 335

Click here to download judgment

Appearance:

For Petitioner(s) : Mr. Sandeep Kumar Mahapatra, Adv. Ms. Mrinmayee Sahu, AOR Mr. Sugam Kumar Jha, Adv. Mr. Sreedas Kp, Adv. Mr. Gaurav Agarwal, Sr. Adv. Mr. Diwakar Maheshwari, Adv. Mr. Karun Mehta, Adv. Mr. Shounak Mitra, Adv. Ms. Pratiksha Mishra, Adv. Mr. Shreyash Edupuganti, Adv. Ms. Kaarunya Lakshmi, Adv. M/s Khaitan & Co., AOR

For Respondent(s) : Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Mr. Varij Nayan Mishra, Adv. Ms. Shraddha Chirania, Adv. Mr. Kunal Mimani, AOR Ms. Anwesha Saha, AOR Mr. Mohd Zahid Hussain, Adv. Mr. Salim Ansari, Adv. Mr. Nitish Shani, Adv. Mr. Siddhart Luthra, Sr. Adv. Mr. Vipin Nair, AOR Mr. Aditya Narendranath, Adv. Mr. P B Sashaankh, Adv. Mr. Haresh Nair, Adv. Ms. M.b.ramya, Adv. Ms. Deeksha Gupta, Adv. Ms. Puspita Basak, Adv. Ms. Madhavi Yadav, Adv. Ms. Tejasvi Kumar Sharma, Adv. Ms. Vanshaja Shukla, AOR Mr. Siddhant Yadav, Adv.