RAM BIRAJI DEVI AND ANR. versus UMESH KUMAR SINGH AND ANR.

RAM BIRAJI DEVI AND ANR. versus UMESH KUMAR SINGH AND ANR.

The dispute between the parties is essentially of civil liability and not criminal liability. There is no prima facie case against the appellants for the alleged offences under Sections 406, 419, 420, and 120-B IPC. Cognizance by the Magistrate was an abuse of process of court; this is an exceptional case warranting quashing of the complaint and the proceedings thereunder.

Parties
Appellant: Ram Biraji Devi; Respondent: Umesh Kumar Singh
Jurisdiction
India
Judgment Date
11 May 2006
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr.p.c. by Patna High Court
Outcome
Appeal allowed
Legal Topics
Quashing of Fir/complaint, Abuse of Process of Court, Civil Vs Criminal Liability
Criminal Law Quashing of Fir/complaint Abuse of Process of Court Civil Vs Criminal Liability

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Parties

Ram Biraji Devi

Appellant

Umesh Kumar Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr.p.c. by Patna High Court

Legal Issues

  1. 1 Whether the High Court erred in refusing to quash the cognizance taken by the Magistrate under Sections 406, 419, 420, and 120-B IPC in a dispute concerning sale and purchase of land

Ratio Decidendi

The dispute between the parties is essentially of civil liability and not criminal liability. There is no prima facie case against the appellants for the alleged offences under Sections 406, 419, 420, and 120-B IPC. Cognizance by the Magistrate was an abuse of process of court; this is an exceptional case warranting quashing of the complaint and the proceedings thereunder.

Court Disposition

Appeal allowed

Orders

  • The impugned order of the High Court dated 13.01.2005 is quashed.
  • The complaint filed by the complainant and the order dated 8.8.2003 of the Judicial Magistrate, Gaya, taking cognizance under Sections 406, 419, 420 and 120-B IPC and issuing summons are quashed.