A pure civil dispute cannot be given a colour of criminal dispute - proceedings quashed; SC.
- 10:00Supreme Court of India
Justice M R Shah and Justice Ashok Bhushan
The SC {Govind Prasad Kejriwal v. State of Bihar & Anr. } holds that even considering/taking the allegations in the complaint as they are, initiation of criminal proceedings against the accused is nothing but an abuse of process of law and the Court. A purely civil dispute is tried to be given a colour of criminal dispute.
It was held by the SC that even none of the ingredients of Section 323 of the IPC, are satisfied. Therefore, even considering the allegations in the complaint as they are, to continue the criminal proceedings against the accused even for the offence under Section 323 shall be an abuse of process of the Court and the law. Therefore, the SC held that this is a fit case to exercise the powers under Section 482 Cr.P.C., and to quash the impugned criminal proceedings.
It was held that even while conducting/holding an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether even a prima facie case is made out or not and whether the criminal proceedings initiated are an abuse of process of law or the Court or not and/or whether the dispute is purely of a civil nature or not and/or whether the civil dispute is tried to be given a colour of criminal dispute or not. It was held that the dispute between the parties can be said to be purely of a civil nature. Therefore, this is a fit case to quash and set aside the impugned criminal proceedings. According, the appeal was allowed and the criminal proceedings were quashed by the SC - setting aside the judgment of the HC.
In the present case, the private respondent herein Gopal Prasad son of Shri Shyam S. Prasad, brother of one Ramesh Kumar – a partner of a firm, filed the criminal complaint being Complaint Case No.464 of 2001 in the Court of Additional Chief Judicial Magistrate, Barh against the appellant herein – one of the partner of Kejriwal Films, for the offences under Sections 379, 323, 504, 506, 406, 452, 147, 148/34 IPC.