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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Nanda Devi W/o Shri Rajeev Ranjan Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. Heard learned counsel for the petitioners, learned Spl. P.P. for the State and learned counsel for the informant.
2. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred on behalf of the petitioners praying therein to quash the order dated 17.03.2020 in Katkamsandi (Pelawal) P.S. Case No. 54 of 2014 (G.R. No. 645/2014), passed by learned Judicial Magistrate, 1st Class, Hazaribagh, whereby learned Judicial Magistrate, 1st Class, Hazaribagh, has taken cognizance of offences punishable under Sections 406, 420, 467 and 471 of the Indian Penal Code and had issued process.
3. The law in respect of quashing of a criminal proceeding on the very initial stage has been settled. If any criminal offence is made out, at the very initial stage, the proceeding cannot be quashed.
4. The Hon’ble Supreme Court in the case of Paramjeet Batra v. State of Uttarakhand, (2013) 11 SCC 673 has held that when a civil transaction is given a cloak of criminal offence, the High Court should not hesitate to quash the criminal proceedings to prevent abuse of process of the court. Further, the Hon’ble Supreme Court in the case of Radheyshyam & Ors. v. State of Rajastha
Civil transactions cannot be mischaracterized as criminal offences; courts should quash proceedings that abuse the judicial process.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
Criminal proceedings cannot be maintained if they are essentially civil disputes, especially when a civil remedy is available.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
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