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Civil claim, criminal complaint
maintainable, says SC: PTI

"It is a settled law that facts may give rise to a civil claim and also amount to an offence. Merely because a civil claim is maintainable does not mean that the criminal complaint cannot be maintained," a bench comprising Justices M B Shah and S N Variava said in a recent ruling.

Lalmuni Devi had lodged a complaint with a magistrate in Bihar, alleging that some persons had fraudulently got her father to execute a gift deed. The magistrate, on the basis of the complaint, held an inquiry under Section 202 of the Criminal Procedure Code and dismissed the complaint under Section 203.

However, on appeal, the sessions judge set aside the order of dismissal and remanded the matter back to the magistrate.

The magistrate then issued summons to those mentioned in the complaint under Sections 419, 420, 467 and 120-B of Indian Penal Code.

They challenged the magistrate's order before the Patna High Court and sought quashing of the complaint.

The high court quashed the complaint as it spelled out a civil wrong and therefore continuance of the criminal prosecution would be an abuse of the process of law.

The apex court, while deciding on the appeal of Devi, said there was no doubt that where the allegations in the first information report did not constitute the alleged offence or where the offence was not disclosed in the complaint or the FIR, the frivolous criminal litigation could be quashed.

"In this case, on the facts, it cannot be stated, at this prima facie stage, that this is a frivolous complaint," Justice Variava, writing the judgement for the bench, said.

"The high court does not state that on facts no offence is made out. If that be so, then merely as it was a wrong civil, the criminal prosecution could not have been quashed," he said.

Allowing the appeal, the bench said, "The order of the high court cannot be maintained and is accordingly set aside. The trial court will proceed with the complaint in accordance with law."

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