K G BAHUGUNA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Notices on behalf of respondents no. 1 and 2 have been accepted by Sri Nandan Arya, learned A.G.A. for the State.

(2.) Sri Vijay Khanduri, learned counsel for the respondent no. 3.

(3.) Sri Rajendra Dobhal, Sr. Advocate argued that in the present case civil rights are involved, however, civil dispute is given colour of criminal offence. The Apex Court in the case of G. Sagar Suri Vs. State of U.P., 2000 2 SCC 636, which has been relied upon in the subsequent two judgments of the Apex Court in the case of Dhariwal Tobacco Products Limited and others Vs. State of Maharashtra and another,2009 2 SCC 2 370 and Mohammed Ibrahim and others Vs. State of Bihar and another, 2009 3 SCC(Cri) 929, has observed that if civil dispute has been given colour of the criminal offence with ulterior motive to settle the score and pressurize the other side showing as an accused then the High Court can exercise its jurisdiction to quash such type of criminal proceedings.