Section 482 CrPC: Karnataka High Court Quashes Complaint Of Businessman On Account Of Mala Fide Intention
The Karnataka High Court while exercising its power under Section 482 of the Criminal Procedure Code has quashed a complaint filed by a businessman on the ground of mala fide intention.
A Single Bench of Justice M. Nagaprasanna quoted an earlier judgment of the Apex Court i.e., “Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”
The Bench was dealing with a case wherein the petitioners called in question the registration of the crime for the offences punishable under Sections 420, 448, 506, and 34 of the IPC.
Senior Advocate Sandesh J. Chouta and Advocate Harish M.N. appeared for the petitioners while HCGP Mahesh Shetty appeared for the respondents.
Brief Facts -
The respondent was the complainant and a partner with the petitioners who entered into a deed of partnership which was for the execution of certain works. The salary of the complainant for execution of the work in terms of the agreement was negotiated to be Rs. 2 lakhs per month.
The complainant was alleged to have trespassed into the house of one of the petitioners who was a senior citizen as a result of which a crime was registered against him. A legal notice was caused by the complainant claiming certain amounts from the hands of petitioners and a case of cheating was also filed. It was then the petitioners knocked at the doors of the High Court challenging the complaint.
The High Court in view of the facts and circumstances of the case noted, “On a coalesce of the judgments so rendered by the Apex Court in the aforesaid cases, what would unmistakably emerge is, the Court hearing the petition under Section 482 of the Cr.P.C., ought to interfere in a given case where, on the face of it, the facts or the issue would be civil in nature or a breach of contract, is made subject matter of a crime and even the crime being registered, as a counterblast.”
The Court further observed that the Supreme Court considers every provision of law that is now alleged in the subject complaint against the petitioners.
“… this becomes a fit case to exercise the jurisdiction of this Court under Section 482 of the Cr.P.C., to take off the Damocles sword hanging on the head of the petitioners, annihilate the very crime registered against them, in order to prevent the issue degenerating into harassment, becoming an abuse of the process of the law and eventually, resulting in miscarriage of justice”, held the Court.
Accordingly, the Court allowed the plea and quashed the complaint against the petitioners.
Cause Title- Nagulavancha Sridhar Rao & Ors. v. The State of Karnataka & Anr.
