Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings – Private complaint before the Metropolitan Magistrate against the appellants-badminton players of national acclaim, their parents and their coach alleging falsification of birth records for securing benefits and selections in agerestricted badminton tournaments – Magistrate directed investigation – Pursuant thereto, registration of FIR – Petitions seeking quashing of the FIR and the criminal proceedings – Rejected by the High Court – Correctness:
Held: Having regard to the totality of circumstances, the continuation of the criminal proceedings against the appellants wholly unwarranted – Complaint does not disclose the basic elements required to attract the offences u/ss.420, 468, and 471 IPC – No allegation that any of the appellants forged or fabricated a document, or that they knowingly used a forged document as genuine – No averment that any person or authority was dishonestly induced to part with property or confer a benefit as a result of any such act – Absence of any direct or indirect material linking the appellants to a culpable act or intention reinforces the conclusion that the allegations, even if taken at their highest, do not meet the threshold necessary to justify a criminal prosecution under the said provisions – Record indicates that the very allegations now sought to be revived were earlier subjected to scrutiny by competent authorities, which found no material to proceed further – No fresh evidence has since come to light that would justify reopening what had already been closed upon due enquiry – Appellants, particularly the sportspersons of national standing, having represented India in international badminton tournaments and having earned multiple accolades, including medals at the Commonwealth Games and BWF international events – To compel such individuals who have maintained an unblemished record and brought distinction to the country through sustained excellence, to undergo the ordeal of a criminal trial in the absence of prima facie material would not subserve the ends of justice – Invocation of criminal law in such circumstances would amount to an abuse of process, which this Court cannot countenance – Impugned order passed by the High Court set aside, and the FIR and all further proceedings quashed. [Paras 17-24]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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