Criminal Complaint for Settling Civil Dispute is Abuse of Process of Law:
The Commissioner of Police & Ors. Vs. Devender Anand & Ors. (Cr. Appeal 834/ 2017): [Non-Reportable: 08/08/2019]: The seminal fact is that an agreement was entered into purchase of house and whole consideration amount was paid by the agreement purchaser (AP) to agreement sellers (AS). However, the AP learnt that the said property was mortgaged with a Bank and he discharged Bank’s liability to get the mortgaged IP released and a sale was concluded by registration of sale-deed. Thereafter, he filed a police complaint under Section 420/32 of IPC for non-disclosure of facts as to mortgage of the house with the Bank. After preliminary inquiry and subsequent inquiry by the police it was ascertained and agreed by the higher police officials that the dispute is of civil nature as the complainant had given his consent to the registration of sale-deed and discharge of Bank’s liability even though the fact as to mortgage came into notice later on. In this background of inquiry, FIR was not registered. The purchaser filed application under Section 156(3) of Cr.P.C. for giving direction to the Police to register FIR but the same was rejected. Further, the purchaser filed private complaint under Section 200 of the Cr.P.C. which was pending. Seeing no developments, the purchaser approached to the HC seeking direction upon the police to register FIR and to quash preliminary inquiry concluding that the dispute is of civil nature. The HC allowed the Writ accordingly and imposed costs upon police official for non-registration of FIR. The Police Commissioner approached the Supreme Court against such order. The three judges bench of the Supreme Court vide order dated 08/08/2019 held that the complainant/ respondent’s initiation of criminal proceedings is nothing but an abuse of process of law for settling a civil dispute and the order passed by the HC was quashed. Further, the pending private complaint under Section 200 was also quashed.
The detail judgment may be visited at:https://sci.gov.in/supremecourt/2017/11710/11710_2017_4_1504_15807_Judgement_08-Aug-2019.pdf
