Excelsior Correspondent
JAMMU, Nov 21: State High Court has held that criminal proceeding initiated only to settle civil liability is not permissible under law.
The observation was made by Justice Sanjay Kumar Gupta in a bunch of petitions filed by Anil Kumar Bhatia seeking quashment of the complaints filed by Abdul Salam, Mohd Ishaq Beigh, Mushtaq Ahmed and Mohd Iqbal Mir under Sections 417, 420, 406 RPC, pending before Trial Court.
The facts in brief, in all the cases, are almost the same, stating therein that the petitioner is dealing in fruit business at Ludhiana and the fruits were being purchased by the petitioner from different parts of the country and was having business dealing with the respondents, who are fruit growers at Ahmadabad Kulgam Kashmir and they used to supply the apples to the petitioner.
It is contended that after taking amount in advance from the petitioner, the respondents became dishonest and did not dispatch fruits to the petitioner and the petitioner compelled the respondents to return the amount of advance. However, the respondents namely Abdul Salam, Mohd. Ishaq Beigh, Mustaq Ahmed Mir and Mohd. Iqbal Mir in order to cause harassment to the petitioner and to avoid the payment filed different complaints under Sections 417, 420 and 406 RPC before the courts in Kashmir valley.
After hearing Advocate M L Gupta for the petitioner, Justice Sanjay Kumar Gupta dismissed the complaints and quashed the order of the Trial Court with the observations that criminal proceeding has been initiated only to settle civil liability, which is not permissible under law.
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