Quashing under CrPC Section 482 appropriate for friendly loan non-refund between brothers lacking entrustment, initial dishonest intent, with 11-year unexplained delay and no injury details, deeming it civil dispute.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash and set aside the entire criminal proceeding including the order dated 04.04.2019 passed by the learned Judicial Magistrate 1st Class, Ranchi in connection with Complaint Case No. 1223 of 2018, whereby and where under, the learned Judicial Magistrate 1st Class, Ranchi has found prima facie case for the petitioner having committed the offences punishable under Sections 406 and 323 of the Indian Penal Code.

3. It is submitted by the learned counsel for the petitioner that the case is at the stage of evidence before charge and the next date fixed is 13.03.2026.

4. The allegation against the petitioner is that the petitioner being the younger brother of the complainant took Rs.2,50,000/- from the complainant in the year 2007 promising to return the money within some days or else he will give his land to the complainant. There was settlement between two brothers. The petitioner also misbehaved, abused and did marpeet (beating) with the complainant and did not return the money.

5. On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate 1st Class, Ranchi found prima facie case for having committed the offence punishable under Sections 406 and 323 of the Indian Penal Code.

6. It is submitted by the learned counsel for the petitioner by relying upon the judgment of the Hon’ble Supreme Court of India in the case of Naresh Kumar & Anr. vs. The State of Karnataka & Anr. reported in 2024 INSC 196 that in that case, the Hon’ble Supreme Court of India relied upon its own judgment in the case of Paramjeet Batra vs. State of Uttarakhand reported in (2013) 11 SCC 673 wherein, the Hon’ble Supreme Court of India recognized that although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature. It is next submitted by the learned counsel for the petitioner that in this case, the dispute essentially is of a civil nature of non- refunding of friendly loan hence, the same does not constitute any offence.

7. Learned counsel for the petitioner next relied upon the judgment of the Hon’ble Supreme Court of India in the case of Arshad Neyaz Khan vs. State of Jharkhand & Anr. reported in 2025 INSC 1151 and submits that therein, the Hon’ble Supreme Court of India in the facts of that case, held that where there was a delay of nearly eight years, without any plausible reason, the fact of the case raises a suspicion about the bona fides of the complainant. It is next submitted by the learned counsel for the petitioner that in that case, the Hon’ble Supreme Court of India also relied upon the its judgment in the case of Vishal Noble Singh vs. State of Uttar Pradesh reported in 2024 SCC OnLine SC 1680, wherein, it was observed that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Therefore, the Courts have to be very vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be