Criminal proceedings cannot be sustained based on suppressed material facts in a dispute that is fundamentally civil in nature.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding including the order dated 07.03.2024 passed by the learned Judicial Magistrate-1st Class, Dhanbad in connection with Jorapokhar P.S. Case No. 49 of 2022 corresponding to G.R. Case No. 690 of 2024 whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Section 406, 420 of the Indian Penal Code and passed summoning order against the petitioner as well.

3. The allegation against the petitioner is that the petitioner requested the informant to invest Rs.6,00,000/- to open a Marriage Hall in a land belonging to his wife. The informant agreed for the same and an agreement was made between the parties. It is alleged that the intention of the petitioner was bad and he is not paying back the money to the informant. On the basis of the written report submitted by the informant, police registered Jorapokhar P.S. Case No. 49 of 2022 and took up investigation of the case and after completion of investigation of the case, police submitted charge sheet; basing upon which, the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the said offences as already indicated above.

4. Learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of Satishchandra Ratanlal Shah vs. State of Gujarat & Another reported in (2019) 9 SCC 148 and submits that therein in para-15 of which, the Hon’ble Supreme Court of India cautioned against criminalizing civil disputes such as breach of contractual obligations.

5. Learned counsel for the petitioner next relies upon the judgment of this Court in the case of Ajay Sagar @ Ajay Prem Sagar & Another vs. The State of Jharkhand & Another passed in Cr.M.P. No. 3781 of 2022 dated 28th June, 2023 and submits that in the facts of that case, this Court relied upon the judgment of the Hon’ble Supreme Court of India in the case of Krishna Lal Chawla & Others vs. State of Uttar Pradesh & Another reported in (2021) 5 SCC 435 paragraphs-13 and 26 of which read as under:-

“13. It is also crucial to note that in the fresh complaint case instituted by him, Respondent 2 seems to have deliberately suppressed the material fact that a charge- sheet was already filed in relation to the same incident, against him and his wife, pursuant to NCR No. 160 of 2012 (Crime No. 283 of 2017) filed by Appellant 1's son. No reference to this charge-sheet is found in the private complaint, or in the statements under Section 200 CrPC filed by Respondent 2 and his wife. In fact, both the private complaint and the statement filed on behalf of his wife, merely state that the police officials have informed them that investigation is ongoing pursuant to their NCR No. 158 of 2012. The wife's statement additionally even states that no action has been taken so far by the police. It is the litigant's bounden duty to make a full and true disclosure of facts. It is a matter of trite law, and yet bears repetition, that suppression of material facts before a court amounts to abuse of the process of the court, and shall be dealt with a heavy hand (Ram Dhan v. State of U.P. [Ram Dhan v. State of U.P., (2012) 5 SCC 536 : (2012) 3 SCC (Cri) 237] ; K.D. Sharma v. SAIL [K.D. Sharma v. SAIL, (2008) 12 SCC 481] ).

26. It is a settled canon of law that this Court has inherent powers to prevent the abuse of its own processes, that this Court shall not suffer a litigant utilising the institution of justi