Abuse of Process in Civil Dispute: Court Quashes Criminal Proceedings Against Applicants.
10 January 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
In Raosaheb Murlidhar Ahire & Another v/s The State of Maharashtra & Another., the applicants, represented by legal aid counsel, challenge an order passed by the Metropolitan Magistrate’s Court, Kurla, Mumbai, which issued process against them under Sections 323, 504, 506(ii), 427 read with Section 34 of the IPC. The case stems from a complaint filed by respondent No. 2, alleging that he paid Rs. 2,00,000 to accused Nos. 1 and 2 for a no-objection certificate for a garage transfer, but they failed to provide it. Instead, the accused allegedly threatened the complainant and his family. Accused No. 3, wife of accused No. 2, was accused of quarreling with the complainant’s family.
The applicants' counsel argued that the case is primarily civil and that no evidence supports the involvement of accused Nos. 2 and 3. Additionally, it was contended that the trial court issued the process erroneously, and the case aims to harass the applicants. The court noted that the primary grievance was about the refund of money, which falls under civil law rather than criminal law, and there was a lack of solid evidence to implicate the applicants.
Ultimately, the court ruled that issuing process against the applicants was an abuse of the judicial process, as the dispute seemed civil in nature. The application was allowed, and the trial court was directed to pass appropriate orders regarding the applicants.
Section 34., Indian Penal Code - 1860
Section 323., Indian Penal Code - 1860
Section 427., Indian Penal Code - 1860
Section 504., Indian Penal Code - 1860
Section 506., Indian Penal Code - 1860