Patna High Court
Rita KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The proceeding was held to be malicious prosecution and was quashed as an abuse of the process of law.
Summary
Rita Kumari filed an application seeking to quash the order dated 20 July 2024 of the Additional Sessions Judge, Muzaffarpur, which had taken cognizance of a complaint under Sections 504 and 506 of the IPC alleging that she failed to pay the full amount for a horoscope and gems purchased from the complainant. The petitioner contended that the dispute was purely a civil money claim, that no documentary evidence of the transaction existed, and that the complaint was false, motivated by her husband. The State argued that the allegations were prima facie established and the order was lawful. The High Court observed that the primary allegation concerned a monetary transaction and that the appropriate remedy would be a civil suit, not a criminal complaint, characterising the proceeding as malicious prosecution. Relying on the Supreme Court’s principles in State of Haryana v. Ch. Bhajan Lal, the Court held that continuing the criminal trial would amount to abuse of the process of law. Consequently, the Court quashed the order and all criminal proceedings against the petitioner, allowing the application.
Issues considered
- Whether a civil dispute over unpaid consideration for goods and services can be pursued as a criminal offence under Sections 504 and 506 IPC.
- Whether the complaint constitutes malicious prosecution and an abuse of the process of law.
Legislation cited
- Indian Penal Code — s. 504, 506
Subjects
- malicious prosecution
- abuse of process
- criminal intimidation
- criminal force
- civil dispute
- quash order
- IPC
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82261 of 2024
Arising Out of PS. Case No.-565 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Rita Kumari W/O Ashwini kumar R/O Village- Penar, P.O- Nokha, P.S-
Nokha, Distt.- Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manoj Kumar S/O Shri Ra Janam Ram R/O Village- Sahbajpur, Near Durga
Sthan, P.S- Ahiyapur, Post- Bhikhanpur, Distt.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyanendra Kr Shukla, Adv.
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice, nobody
appears on behalf of the O.P. No. 2.
2. The petitioner has made the following prayer in this
application :-
“That the instant application is being filed
for quashing the order dated 20.07.2024
passed by learned Additional Sessions
Judge-XVII, Muzaffarpur in Cr. Rev. No.
215/2023, whereby and whereunder the
learned Judge upheld the Order dated
20.03.2023 passed by the learned Judicial
Magistrate, 1st Class, Muzaffarpur,
whereby and whereunder learned Judge
Patna High Court CR. MISC. No.82261 of 2024(3) dt.06-02-2026
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has taken cognizance of offence under
Section 504, 506 I.P.C. in connection with
Trial No. 96/2023 (arising out of Complaint
Case No. 565 of 2022) against the
Petitioner.
3. Learned counsel for the petitioner submits that the
allegation primarily against the petitioner is that she had got her
horoscope of her son made through the complainant and had also
purchased some gems however she did not pay the entire amount
for the same and Rs. 7,000/- remained to be paid.
4. Learned counsel for the petitioner submits that from
plain reading of the complaint and also the solemn affirmation of
the complainant, it would be evident that the allegations are
primarily of certain transaction which had taken place between
the petitioner and the complainant. It has further been submitted
that not a chit of paper has been brought on record to suggest any
payment being made to the petitioner and certain demand being
made with regard to any material purchased from the
complainant. Learned counsel has drawn the attention of this
Court towards the order taking cognizance wherein the learned
Judicial Magistrate-1st Class has recorded that from the material
available, neither any document has been filed regarding the
transaction that took place between the parties nor it is shown
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that the abusive text messages that was sent by the accused,
specifically related to the gems purchased. It has been submitted
that looking at such material still no case under Sections 504 and
506 of the I.P.C. is being made out and yet the learned Court had
taken cognizance. It has further been submitted that even the
Revisional Court did not appreciate the facts of the case and has
upheld the said order taking cognizance. Learned counsel
appearing on behalf of the petitioner submits that the present
complaint is a false and concocted case and no such transaction
had taken place. It is at the behest of her husband that the present
complaint has been lodged which also find support from the
solemn affirmation of the complainant, who in paragraph 9 states
that she has good relationship with the husband of the petitioner
and they are still in talking terms and the petitioner and her
husband have been living separately for the last 8 to 10 years.
Learned counsel for the petitioner thus submitted that the
continuation of the criminal proceeding in such cases would
amount to abuse of the process of law.
5. Learned A.P.P. for the State submits that the
allegation against the petitioner prima facie has been made out
and therefore there is no illegality in the order impugned.
6. Having heard learned counsel for the parties and
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taking note of the fact that the primary allegation is with regard
to certain transaction which has taken place between the
petitioner and the complainant, and even if it is taken on its face
value, that the petitioner had purchased certain material from the
complainant and had paid certain amount and had not paid the
remaining amount, the recourse before the complainant was to
file a money suit or approach the competent court of law and not
file a complaint case.
7. This Court finds the present case to fall in the
category of malicious prosecution and in view of the observations
made by the Hon’ble Apex Court in the case of State of Haryana
and Ors. Vs. Ch. Bhajan Lal and Ors., reported in AIR 1992
SC 604, the continuation of the criminal proceeding would
amount to abuse of the process of law.
8. In view of the aforesaid submission, the order dated
20.07.2024 as well as the entire criminal proceedings arising out
of Trial No. 96/2023 (arising out of Complaint Case No.
565/2022), is, hereby, quashed as against the petitioner.
9. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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