Case Note & Summary
The appeal arose from a property dispute between the families of the appellants and the respondent-complainant. A civil suit for partition was pending. On 19 July 2016, a quarrel occurred, and police initiated proceedings under Sections 151, 107, and 116 CrPC to maintain peace. The complainant filed an application under Section 156(3) CrPC on 29 August 2016 alleging that the appellants had outraged the modesty of his daughters and committed other offences. The Sessions Judge rejected this application on 14 October 2016, and the High Court upheld the rejection on 22 November 2016, granting liberty to file a complaint. Meanwhile, the National Human Rights Commission directed an enquiry, which resulted in a report dated 11 December 2016 opining that the allegations were not proved. Despite this, the complainant filed a fresh complaint case (No. 1 of 2017) on 4 October 2017, repeating the same allegations. The Sessions Judge summoned the appellants under Sections 323, 353, 504, 506 IPC and Section 7/8 of the POSCO Act. The appellants sought quashing under Section 482 CrPC, but the High Court dismissed their application. The Supreme Court allowed the appeal, holding that the complaint was manifestly malicious and instituted to pressurize the appellants in the civil property dispute. The Court noted that the earlier application under Section 156(3) had been rejected, the police enquiry found no substance, and the complaint was filed after a delay without any new material. Relying on the principles in State of Haryana v. Bhajan Lal, the Court quashed the entire proceedings of Complaint Case No. 1 of 2017 and the summoning order.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of Criminal Proceedings - The High Court can exercise inherent powers to quash proceedings where the complaint is manifestly attended with mala fide and maliciously instituted with ulterior motives to wreak vengeance due to private grudge, as per the categories enumerated in State of Haryana v. Bhajan Lal (Paras 10-12).
B) Criminal Procedure Code - Abuse of Process - Section 482 CrPC - Malicious Prosecution - Where a complaint is filed after rejection of an earlier application under Section 156(3) CrPC and an enquiry found no substance, and the dispute is essentially civil in nature, the criminal proceedings amount to abuse of process and are liable to be quashed (Paras 12-14).
Issue of Consideration
Whether the High Court erred in rejecting the application under Section 482 CrPC for quashing the complaint and summoning order, given the allegations were false and maliciously instituted to settle a property dispute.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order dated 21.02.2018, and quashed the entire proceedings of Complaint Case No.1 of 2017 pending before the Sessions Judge, Jaunpur, including the summoning order dated 19.12.2017.
Law Points
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings
- Malicious prosecution
- Abuse of process of court
- Categories of cases for quashing under Bhajan Lal
Case Details
Criminal Appeal No. 138 of 2020 (arising out of SLP(Crl.) No.3974 of 2018)
Ahmad Ali Quraishi and Anr.
The State of Uttar Pradesh & Anr.
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Nature of Litigation
Criminal appeal against High Court order rejecting application under Section 482 CrPC to quash complaint and summoning order under IPC and POSCO Act.
Remedy Sought
Appellants sought quashing of Complaint Case No.1 of 2017 and summoning order dated 19.12.2017.
Filing Reason
Appellants alleged that the complaint was false, malicious, and filed to pressurize them in a pending civil property dispute.
Previous Decisions
Sessions Judge rejected application under Section 156(3) CrPC on 14.10.2016; High Court upheld rejection on 22.11.2016; Police enquiry report dated 11.12.2016 found allegations not proved; Sessions Judge summoned appellants on 19.12.2017; High Court dismissed Section 482 application on 21.02.2018.
Issues
Whether the complaint and summoning order should be quashed under Section 482 CrPC as being malicious and an abuse of process.
Whether the High Court erred in not applying the principles laid down in State of Haryana v. Bhajan Lal.
Submissions/Arguments
Appellants argued that the complaint was frivolous, filed after rejection of earlier application and negative police enquiry, with ulterior motive to settle property dispute.
Respondent-complainant argued that High Court rightly refused to quash as truth of allegations cannot be examined at this stage.
Ratio Decidendi
Where a criminal complaint is manifestly attended with mala fide and maliciously instituted with an ulterior motive to wreak vengeance due to private or personal grudge, it falls within category (7) of Bhajan Lal and the High Court should exercise its inherent power under Section 482 CrPC to quash the proceedings to prevent abuse of process of court.
Judgment Excerpts
Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
The complaint filed by the complainant is nothing but abuse of the process of Court which has been actuated to settle personal score and to put pressure on the appellants and his father to settle in the property dispute.
Procedural History
On 19.07.2016, a quarrel occurred; police initiated proceedings under Sections 151, 107, 116 CrPC. On 29.08.2016, complainant filed application under Section 156(3) CrPC, which was rejected by Sessions Judge on 14.10.2016. High Court upheld rejection on 22.11.2016, granting liberty to file complaint. Police enquiry on NHRC direction on 11.12.2016 found allegations not proved. On 04.10.2017, complainant filed Complaint Case No.1 of 2017. Sessions Judge summoned appellants on 19.12.2017. Appellants filed Section 482 application, dismissed by High Court on 21.02.2018. Appeal filed in Supreme Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 151, 107, 116, 156(3), 482
- Indian Penal Code, 1860 (IPC): 323, 353, 354, 504, 506, 452
- Protection of Children from Sexual Offences Act, 2012 (POSCO Act): 4, 7, 8
