VINODCHANDRA PURUSHOTTAMDAS SHAH Vs. PUSPANSEN PANACHAND JHAVERI

JUDGEMENT

(1.) THIS is a Petition challenging the issue of process in Criminal Case No.71/W/86 on the file of the Additional Chief Metropolitan Magistrate, 4th Court at Girguam, Bombay. Heard both the sides.

(2.) THE first Respondent filed a private complaint in the Court below against the Petitioners. After recording the verification statement of the complainant and on going through the complaint, the learned Magistrate issued process against the accused for offence under Section 403, 409 read with Section 114 of the Indian Penal Code. Being aggrieved by the issue of process, the accused have come up with this Petition challenging the issue of process and requesting the Court to quash the criminal proceedings.

(3.) THE Petitioners are seeking quashing of process under Section 482 of the Code of Criminal Procedure. High Court has powers under Section 482 of the Code of Criminal Procedure to quash criminal proceeding. Power of the High Court is not disputed. But the learned Counsel for the first Respondent has contended that the scope of power of the High Court to quash the proceedings is very limited and relied on certain authorities. In A.I.R. 1992 S.C. 1379 (Chand Dhawan v, Jawahar Lal), the Apex Court has observed that the High Court has inherent jurisdiction to quash the criminal proceedings but this power can be exercised only when the allegations in the complaint do not constitute an offence or that the exercise of the power is necessary either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In A.I.R. 1983 S.C. 67 (Delhi Municipalty v. Ram Kishan), the Apex Court has laid down certain guidelines as to when and how a criminal proceeding can be quashed by the High Court. It was observed that the High Court should exercise its power sparingly. It was again pointed out that when the allegations of the complaint do not make out a criminal offence, then the High Court has powers to quash the proceedings. Similar view has been taken in an earlier decision reported in A.I.R.1976 S.C. 1947 ( Nagawa v. Veeranha). THErefore, one of the tests formulated by the Apex Court is that if the allegation in the complaint and the materials produced along with the complaint do not make out a criminal offence then the High Court has every right to interfere and to quash the proceedings.