87. Once that finding is arrived at this Court is entitled to consider the quashing of the first information report in the light of the principles enunciated in paragraph 20 above. It has already been held that the allegations, considered in detail above, even at their face value, would not in the eye of law, amount to any entrustment or parsing of dominion over property within the ambit of Section 405, Penal Code, 1860. Consequently, the first information report would not and cannot indicate any reasonable suspicion of the commission of the cognizable offence of criminal breach of trust punishable under section 406, Penal Code, 1860. Despite the lodging of the aforesaid report on the 18th of April, 1981 and the subsequent investigation of the same, till the matter was stayed by this Court in July, 1981, no material collected by the investigating agency further discloses the commission of any such cognizable offence either Indeed, the alleged recoveries o property from the matrimonial home itself and the stance taken by the investigating agency in the affidavit of the investigating officer, seem to detract from the allegations originally made rather than in any way add to them. The averments made in this Criminal Miscellaneous Petition, even if not accepted as wholly true atleast indicate clearly that the whole matter is an unseemly aftermath of a broken marriage with its inevitable bitterness and in this context the further continuation of the police investigation cannot, but amount to an abuse of power which eminently calls for interference by this Court in the ends of justice. I am, therefore, of the view that the case is one which clearly calls for the exercise of inherent jurisdiction under section 482, Criminal Procedure Code. Even whilst sharply keeping in mind the some-what exceptional nature of the exercise of such a power. I am constrained to hold that the Criminal Miscellaneous Application No. 4022-M/1981 must necessarily be allowed and the criminal proceedings initiated against the petitioners be and are hereby quashed.”
