Quashing of FIR for absence of cognizable offence: proceedings against the appellants were set aside as abuse of process.

Where the materials do not disclose a cognizable offence against particular accused, FIR and consequential criminal proceedings may be quashed qua those accused even if investigation continues against others. The Court held that continuation of proceedings against the appellants was unjustified on the facts, and noted that the complaint appeared to be an afterthought intended to pressure them in relation to their complaint under the Negotiable Instruments Act. The FIR and proceedings emanating from it were therefore quashed qua the appellants as an abuse of process.

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Issues: Whether the first information report and the consequential proceedings could be quashed qua the appellants on the ground that no cognizable offence was made out against them.

Analysis: The appellants sought quashing under Article 226 of the Constitution of India. The Court found that, on the facts, no cognizable offence was made out against the appellants, and the continuation of the criminal proceedings against them could not be justified merely because investigation against other accused was pending. The Court also noted that the complaint appeared to be an afterthought intended to pressurize the appellants in relation to their complaint under Section 138 of the Negotiable Instruments Act, 1881.

Conclusion: The first information report and the proceedings emanating therefrom were quashed qua the appellants.

Ratio Decidendi: Where the materials do not disclose a cognizable offence against particular accused, criminal proceedings may be quashed qua those accused even if the case continues against others, especially where the complaint appears to be an abuse of process.

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