Filing of Criminal Complaint For Settling Civil Dispute Is Abuse of Process of Law: SC
Filing of Criminal Complaint for Settling Civil Dispute is Abuse of Process of Law: Detailed Explanation with Case Law
1. Introduction
The Indian legal system distinguishes between civil disputes and criminal offenses. Civil disputes generally concern private rights and obligations (like property disputes, contract disputes), while criminal law deals with offenses against the State or society (like theft, assault).
Sometimes, parties misuse criminal complaints to harass or coerce the other side in civil matters by invoking criminal law where the dispute is essentially civil. This practice is known as abuse of process of law.
The Supreme Court has held repeatedly that filing criminal complaints to settle civil disputes is not permissible and amounts to abuse of the legal process.
2. Legal Principle
The criminal law machinery cannot be used as a tool for enforcing private civil rights.
Criminal complaints should only be entertained when there is a prima facie cognizable offense.
If the underlying dispute is purely civil, the criminal complaint is liable to be quashed.
Courts have power under Section 482 of the Criminal Procedure Code (CrPC) to quash such complaints to prevent abuse.
3. Supreme Court Case Law
3.1. Hanumant Vithal Gaikwad v. State of Maharashtra (2004) 10 SCC 460
The Court held that filing a criminal case to settle a civil dispute is a clear abuse of process.
The court emphasized the need to protect citizens from vexatious litigation.
It observed that criminal proceedings cannot be used as a weapon to coerce someone in civil matters.
3.2. R.K. Anand v. Delhi High Court (2009) 8 SCC 106
The Supreme Court observed that criminal law cannot be used to settle personal scores or private disputes.
The Court held that complaints with mala fide intentions to harass or intimidate should be quashed.
It reiterated the principle of non-interference in civil disputes through criminal law.
3.3. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
While focusing on arrest procedures in minor offenses, the Court noted that criminal law must not be misused to settle civil disputes.
Emphasized safeguarding citizens from unnecessary harassment by frivolous criminal complaints.
3.4. State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335
Established the guidelines under which courts can quash criminal proceedings that are an abuse of process.
If the complaint is malicious or without a prima facie case, or is a tool to harass a party in civil matters, the court can intervene.
4. Illustrative Examples
Property disputes where one party files a criminal trespass or theft complaint without merit.
Contractual disputes where criminal intimidation or cheating cases are filed to pressure the opposite party.
Family disputes where criminal cases are filed to harass members involved in civil litigation.
5. Role of Section 482 CrPC
The High Courts have inherent powers under Section 482 to quash criminal proceedings.
This power is used to prevent manifest abuse of the process of court or to secure ends of justice.
Courts use this to prevent frivolous criminal complaints arising out of civil disputes.
6. Conclusion
The Supreme Court’s consistent view is that criminal law cannot be a substitute for civil remedy. Using criminal complaints to settle civil disputes:
Wastes judicial time
Harasses the innocent
Is a misuse of legal process
Courts must guard against such abuse and use powers like Section 482 CrPC to quash such proceedings.
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