A single bench of Justice Rajnesh Oswal while quashing both Proceedings of a Criminal Complaint and also the Order whereby the process for Commission of offences under Section 409 & 420 IPC was issued by the trial court has held that a Criminal complaint cannot be filed for settling the civil dispute between the parties, doing same amounts to abuse of process of law.
The petitioner had challenged the proceedings of the criminal complaint pending before the court of learned Chief Judicial Magistrate, Kargil (for short ‘the trial court’) and also the order dated passed by the learned trial court, whereby the process for commission of offences under sections 409,420 IPC was issued against the petitioner on the ground that the dispute, if any, as alleged by the respondents in the complaint was essentially a civil dispute and under such circumstances, the learned trial court ought not to have taken the cognizance of the offences under Sections 420 and 409 IPC.
The prober submitted that the respondents had initially filed a civil suit for declaration and mandatory injunction against the petitioner before the trial court and after contesting the civil suit for more than two years, in the month of February 2021, the respondents withdrew the said suit with liberty to file fresh suit, that thereafter instead of filing the civil suit against the petitioner, chose to harass the petitioner and filed a criminal complaint against him under Section 415, 420, 409 and 405 IPC in the month of April 2021 and the
learned trial court vide impugned order issued the process against the petitioner for commission of offences under sections 420,409 IPC. The petitioner argued that the respondents are guilty of concealing the material facts from the learned trial court, as they concealed the factum of filing of the suit on the same facts and they are misusing the criminal process for the purpose of settling the civil dispute if any, between the parties. He has submitted that the criminal proceedings have been initiated by the respondents with ulterior motive.
On the other hand the respondents submitted that that the dismissal of the suit can have no bearing on the maintainability of the complaint and the criminal proceedings and civil proceedings both can be resorted to, simultaneously while relying upon the judgments of the Hon’ble Apex Court in “Vishnu Dutt Sharma vs. Smt. Daya Sapra”, (2009)13 SCC 729 and “Anil Sharma vs. State of Bihar” , (1995)6 SCC 142.
The court after hearing the parties observed that the dispute between the parties is civil in nature, which has been given a criminal flavor by the respondents to force him to succumb to their demands and part away with the profits, which the respondents claim to have been earned as partnership business. Further the court observed that It is settled law that the process of criminal law cannot be used for the purposes of settling the civil disputes and time and again the Hon’ble Apex Court has deprecated the practice of filing of criminal cases for the purposes of settling the civil disputes while relying upon the judgments of the Hon’ble Apex Court in “Naresh Kumar and Anr. Vs. The State of Karnataka & Anr.”, 2024 INSC 196 and also “A.M. Mohan v. State’, 2024 SCC OnLine SC 339”.
The court accordingly quashing both the Proceedings of a criminal complaint and also the order whereby the process for Commission of offences under Section 409 & 420 IPC was issued by the trial court.
