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SHAILENDRA SINGH
Neelam Devi – Appellant
Versus
State of Bihar – Respondent
ORDER
The instant criminal miscellaneous petition has been filed to set aside the cognizance order dated 04.12.2010 passed by the learned Judicial Magistrate 1st Class, Gaya, by which the cognizance of the offences under Sections 323, 341, 379, 406 and 504 of the Indian Penal Code (in short ‘IPC’) has been taken against the petitioner.
2. Learned counsel appearing for the petitioner submits that this case is completely of civil nature and O.P. No.2 by filing complaint has tried to give the colour of criminal wrong to the alleged non-execution of a Sale Deed.
3. Learned counsel has placed reliance upon the judgment of the Hon’ble Apex Court passed in the case of Paramjeet Batra vs. State of Uttarakhand & Ors. reported in (2013) 1 BLJR 204 and the relevant paragraph no.7 of the judgment upon which reliance has been placed is being reproduced as under:—
“7. While exercising its jurisdiction under Section 482 of the Code the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of the process of any court or otherwise to secure ends of justice. Whether a complaint discloses a criminal offence or not depends upon the nature of facts a
Criminal proceedings cannot be initiated for disputes that are fundamentally civil, to prevent misuse of the legal system.
Criminal proceedings stemming from civil disputes must adhere to procedural law, and findings of civil courts regarding contract enforceability prevail in subsequent criminal cases.
The central legal point established in the judgment is the requirement for the Magistrate to indicate the application of mind and disclose prima facie materials before taking cognizance in a complain....
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Civil transactions cannot be mischaracterized as criminal offences; courts should quash proceedings that abuse the judicial process.
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