The Supreme Court says in Naresh Kumar & Anr. v The State of Karnataka & Anr [2024 INSC 196] that the High Court should not hesitate in quashing such criminal proceedings which are essentially of a civil nature.
The SC relied on the judgement in Paramjeet Batra v. State of Uttarakhand [(2013) 11 SCC 673]. A complaint disclosing civil transactions may also have a criminal texture.
The SC judgement states that the High Court must see whether a dispute which is essentially of a civil nature is given a cloak of criminal offence. In such a situation, if a civil remedy is available and is, in fact, adopted as has happened in this case, the High Court should not hesitate to quash the criminal proceedings to prevent abuse of process of the court.”
An earlier judgement in Usha Chakraborty & Anr. v State of West Bengal & Anr also relied on the Paramjeet Batra judgement which indicates that it is a settled matter.
References
- Naresh Kumar & Anr v The State of Karnataka & Anr [2024 INSC 196].
- Paramjeet Batra v State of Uttarakhand [(2013) 11 SCC 673].
- Usha Chakraborty & Anr. v State of West Bengal & Anr.
HC must Quash Criminal Proceedings Which are Basically Civil in NatureThe High Court’s role in quashing criminal proceedings that are essentially civil in nature is a crucial aspect of upholding justice and preventing abuse of the criminal justice system. Here are some key points to consider:
Reasons for Quashing
1. *Abuse of process*: Criminal proceedings should not be used to harass or intimidate individuals, especially in disputes that are inherently civil in nature.
2. *Lack of mens rea*: If the alleged offense does not involve criminal intent or mens rea, it may not be suitable for criminal prosecution.
3. *Civil remedies available*: If adequate civil remedies are available to address the dispute, criminal proceedings may not be necessary.
Factors to Consider
1. *Nature of the dispute*: The High Court should assess whether the dispute is inherently civil or criminal in nature.
2. *Intent and motive*: The court should examine the intent and motive behind the alleged offense to determine if it involves criminal intent.
3. *Availability of civil remedies*: The court should consider whether adequate civil remedies are available to address the dispute.
Consequences of Quashing
1. *Prevention of abuse*: Quashing criminal proceedings that are essentially civil in nature helps prevent abuse of the criminal justice system.
2. *Protection of individual rights*: It ensures that individuals are not harassed or intimidated through frivolous criminal proceedings.
3. *Efficient use of resources*: Quashing unnecessary criminal proceedings helps conserve judicial resources and reduces the burden on the courts.
In summary, the High Court plays a vital role in quashing criminal proceedings that are essentially civil in nature, preventing abuse of the criminal justice system, and protecting individual rights.