State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
We have already
explained that the baseless and irrelevant allegations could not be
used as a basis for prosecution for a serious offence under Section
306 IPC. Similarly, we have already considered Section 294 (b) IPC
also. We have not been able to find anything. Under such
circumstances, where the FIR itself does not have any material or is
not capable of being viewed as having material for offence under
Sections 306 and 294(b) IPC, as per the law laid down by this Court
in State of Haryana & Ors. Vs. Bhajan Lal & Ors. [1992 Suppl. 1
SCC 335], it would be only proper to quash the FIR and the further
proceedings.