Jammu & Kashmir and Ladakh High Court rules complaint as an abuse of legal process, maintaining lower court's decision
In a significant ruling, the Jammu & Kashmir and Ladakh High Court, presided over by Justice Sanjay Dhar, has dismissed a petition seeking to overturn previous court decisions that rejected a criminal complaint as an abuse of process. The case, "Abdul Wahab Qureshi v. Mohammad Showkat and Anr.," centered around allegations of criminal misappropriation, which the courts determined to be a civil dispute over unpaid rent and electricity bills.
The petitioner, Abdul Wahab Qureshi, alleged that the respondents, Mohammad Showkat and another, had unlawfully retained and used his property after he was forced to vacate a shop following the abrogation of Article 370 in Kashmir. The shop, owned by the respondents' mother, was reportedly used by Qureshi for operating a Dhaba.
Upon returning to normalcy, Qureshi claimed the respondents refused to return his belongings, leading to the filing of a criminal complaint under Section 406 of the Indian Penal Code (IPC), which deals with criminal breach of trust. The Judicial Magistrate, upon review, dismissed the complaint, supported by an inquiry report from the Station House Officer (SHO), which indicated the dispute was essentially about unpaid dues rather than criminal intent.
Qureshi's subsequent revision petition to the 2nd Additional Sessions Judge in Srinagar was also dismissed, prompting the current petition under Section 482 of the Criminal Procedure Code (Cr. P. C), seeking intervention from the High Court. However, the High Court upheld the findings of the lower courts, emphasizing that the dispute was civil in nature and not suited for criminal proceedings.
The court highlighted that material evidence, including an affidavit indicating a settlement over outstanding dues, supported the view that the respondents retained items as security for unpaid rent and electricity bills. The judgment reiterated that using criminal law as a tool for settling civil disputes constitutes an abuse of legal process.
Furthermore, the High Court dismissed Qureshi's petition as an impermissible second revision, noting that Section 397(3) of the Cr. P. C bars a second revision petition. The court asserted that exceptional circumstances warranting the use of inherent powers under Section 482 were absent in this case.
The decision underscores the judiciary's stance on preventing the misuse of criminal law for civil disputes, reinforcing the necessity for clear demarcations between civil and criminal cases.
Bottom line:-
Abuse of process of law - Filing of a criminal complaint to give a civil dispute a criminal colour is impermissible - Complaint dismissed where allegations of misappropriation were found to be related to a civil dispute over outstanding rent and electricity bills.
Statutory provision(s): Section 203 Cr. P.C, Section 482 Cr. P.C, Section 406 IPC, Section 202 Cr. P.C, Section 397(3) Cr. P.C
