Supreme Court of India
SRI GULAM MUSTAFAversusTHE STATE OF KARNATAKA & ANR.
- Citation
- 2023 INSC 511
- Decided
- 10 May 2023
- Disposal
- Appeal(s) allowed
- Bench
- DINESH MAHESHWARI
Holding
The Supreme Court held that the FIR was frivolous, vexatious and an abuse of process, and quashed it under Section 482 of the Code of Criminal Procedure, 1973.
Summary
The appellant, Gulam Mustafa, Managing Director of GM Infinite Dwelling, was named as Accused No.18 in an FIR filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several IPC provisions, arising from a long‑standing land ownership dispute that had been litigated in civil courts for over six decades. After failing to obtain relief in multiple civil suits, the complainant filed a criminal complaint, which the High Court refused to quash. The Supreme Court examined whether the FIR disclosed a cognizable offence, whether the SC/ST Act could be invoked in a matter that was essentially a civil dispute, and whether the power under Section 482 of the CrPC could be exercised despite the involvement of a special statute. Relying on precedents that the court may quash proceedings that are frivolous, vexatious, or an abuse of process, the Court held that the allegations did not constitute an offence under the SC/ST Act and that the FIR was filed with ulterior motives. Consequently, the Court exercised its inherent jurisdiction under Section 482 to quash the FIR and all related proceedings against the appellant. The appeal was allowed and the impugned High Court order set aside.
Issues considered
- The FIR under the SC/ST Act and IPC provisions disclosed any cognizable offence against the appellant.
- Whether the civil land dispute could be converted into a criminal case under the SC/ST Act.
- Whether the High Court erred in not exercising its power under Section 482 of the CrPC to quash the FIR.
- Whether the involvement of a special statute (SC/ST Act) precludes the exercise of inherent jurisdiction to quash the FIR.
Legislation cited
- Code of Criminal Procedure, 1973s. 482
- Constitution of Indias. Article 142
- Indian Penal Code, 1860s. 120B, s. 34, s. 406, s. 419, s. 420, s. 427, s. 448, s. 468, s. 471
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. 3(1)(15)
Subjects
abuse of process of lawSection 482 CrPCSC/ST Actcivil dispute turned criminalquashing FIRland ownership disputemalicious prosecutioninherent jurisdictionspecial statute
Judgment
354 [2023]REPORTS
SUPREME COURT 5 S.C.R. 354 [2023] 5 S.C.R.
A SRI GULAM MUSTAFA
v.
THE STATE OF KARNATAKA & ANR.
(Criminal Appeal No. 1452 of 2023)
B MAY 10, 2023
[DINESH MAHESHWARI AND
AHSANUDDIN AMANULLAH, JJ.]
Administration of Justice –Abuse of Process of Law – Civil
C dispute relating to land given the colour of criminality – Held: There
is a huge unexplained delay of over 60 years in initiating dispute
with regard to the ownership of the land in question – Criminal
case was lodged only after failure to obtain relief in the civil suits
coupled with denial of interim relief to the respondent no.2/her
family members – Thus, criminal proceedings were resorted to with
D ulterior motives, for oblique reasons and vengeance – Further, even
if the allegations are taken on their face value, no offence is made
out under the SC/ST Act against the appellant – The complaint and
FIR are frivolous, vexatious and oppressive – High Court fell in
error in not invoking its wholesome power u/s.482, CrPC to quash
E the FIR – Impugned judgment set aside – FIR and any proceedings
emanating therefrom, relating to the appellant are quashed – Code
of Criminal Procedure, 1973 – s.482 – Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Penal Code,
1860.
F Code of Criminal Procedure, 1973 – s.482 – Quashing of
FIR – Scope of – Discussed.
Code of Criminal Procedure, 1973 – s.482 – Quashing of
FIR under special statute – Held: The mere fact that the offence is
covered under a ‘special statute’ would not inhibit Supreme Court
G or the High Court from exercising their respective powers u/Article
142 or s.482, CrPC – Constitution of India – Article 142 – Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Administration of Justice – Administration of Criminal Justice
– FIR – Invocation of provision of stringent statutes – Duty of officers
– Held: Officers who institute an FIR, based on any complaint, are
H
354
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 355
duty bound to be vigilant before invoking any provision of a very A
stringent statute, like the SC/ST Act, which imposes serious penal
consequences on the concerned accused – Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 –Criminal Law.
Allowing the appeal, the Court
Held: 1.1 The mere fact that the offense is covered under B
a ‘special statute’ would not inhibit this Court or the High Court
from exercising their respective powers under Article 142 of the
Constitution or Section 482 of the Code. [Para 34][369-C-D]
1.2 The FIR need not be a detailed one, as it is only to
initiate the investigative process and the police should ordinarily C
be allowed to investigate. This is the general rule, but not a fetter
on this Court or the High Court in an appropriate case. [Para
35][370-D-E]
Superintendent of Police CBI v Tapan Kumar Singh,
(2003) 6 SCC 175 : [2003] 3 SCR 485; State of Uttar D
Pradesh v Naresh, (2011) 4 SCC 324 : [2011] 4 SCR
1176 – relied on.
1.3 This Court has been consistent in interfering in such
matters where purely civil disputes, more often than not, relating
to land and/or money are given the colour of criminality, only for E
the purposes of exerting extra-judicial pressure on the party
concerned, which is nothing but abuse of the process of the court.
In the present case, there is a huge and unexplained delay of
over 60 years in initiating dispute with regard to the ownership
of the land in question, and the criminal case has been lodged F
only after failure to obtain relief in the civil suits, coupled with
denial of relief in the interim therein to the respondent no.2/her
family members. It is evident that resort was now being had to
criminal proceedings which, in the considered opinion of this
Court, is with ulterior motives, for oblique reasons and is a clear
case of vengeance. Even if the allegations are taken to be true G
on their face value, it is not discernible that any offence can be
said to have been made out under the SC/ST Act against the
appellant. The complaint and FIR are frivolous, vexatious and
oppressive. [Paras 36, 37][370-E-H]
H
356 SUPREME COURT REPORTS [2023] 5 S.C.R.
A 1.4 The officers, who institute an FIR, based on any
complaint, are duty bound to be vigilant before invoking any
provision of a very stringent statute, like the SC/ST Act, which
imposes serious penal consequences on the concerned accused.
The officer has to be satisfied that the provisions he seeks to
invoke prima facie apply to the case at hand. [Para 38][371-A-B]
B
1.5 The High Court fell in error in not invoking its
wholesome power under Section 482 of the Code to quash the
FIR. The Impugned Judgment, being untenable in law, is set aside.
The FIR, as also any proceedings emanating therefrom, insofar
as they relate to the appellant, are quashed and set aside. [Para
C 39][371-C-D]
State of Haryana v Bhajan Lal 1992 Supp (1) SCC 335
: [1990] 3 Suppl. SCR 259; S W Palanitkar v State of
Bihar (2002) 1 SCC 24; State of Karnataka v M
Devendrappa (2002) 3 SCC 89 : [2002] 1 SCR 275;
D Uma Shankar Gopalika v State of Bihar (2005) 10 SCC
336; Parbatbhai Aahir v State of Gujarat (2017) 9 SCC
641 : [2017] 10 SCR 12; State of Telangana v Habib
Abdullah Jeelani (2017) 2 SCC 779 : [2017] 1 SCR
141; Vinod Natesan v State of Kerala (2019) 2 SCC
E 401; Kamal Shivaji Pokarnekar v State of Maharashtra
(2019) 14 SCC 350; Mahendra K C v State of Karnataka
2021 SCC OnLine SC 1021; Arnab Manoranjan
Goswami v State of Maharashtra (2021) 2 SCC 427;
Neeharika Infrastructure Pvt. Ltd. v State of
Maharashtra 2021 SCC OnLine SC 315; Ramawatar
F v State of Madhya Pradesh 2021 SCC OnLine SC 966
– relied on.
Govind Prasad Kejriwal v State of Bihar (2020) 16 SCC
714; Commissioner of Police v Devender Anand 2019
SCC OnLine SC 966; Binod Kumar v State of Bihar
G (2014) 10 SCC 663 : [2014] 11 SCR 85; Indian Oil
Corporation v NEPC India Ltd. (2006) 6 SCC 736 :
[2006] 3 Suppl. SCR 704; G Sagar Suri v State of Uttar
Pradesh (2000) 2 SCC 636 : [2000] 1 SCR 417; State
of Madhya Pradesh v Surendra Kori (2012) 10 SCC
H
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 357
155 : [2012] 8 SCR 858; Dineshbhai Chandubhai Patel A
v State of Gujarat (2018) 3 SCC 104 : [2018] 1 SCR
62; Satvinder Kaur v State (Govt. of NCT of Delhi)
(1999) 8 SCC 728 : [1999] 3 Suppl. SCR 348; P
Chidambaram v Directorate of Enforcement (2019) 9
SCC 24 : [2019] 12 SCR 172; Skoda Auto Volkswagen
B
India Private Limited v State of Uttar Pradesh (2021) 5
SCC 795; Union of India v Prakash P Hinduja (2003)
6 SCC 195 : [2003] 1 Suppl. SCR 307 – referred to.
Case Law Reference
[2014] 11 SCR 85 referred to Para 15 C
[2006] 3 Suppl. SCR 704 referred to Para 15
[2000] 1 SCR 417 referred to Para 15
[2012] 8 SCR 858 referred to Para 21
[2018] 1 SCR 62 referred to Para 21 D
[1999] 3 Suppl. SCR 348 referred to Para 21
[2019] 12 SCR 172 referred to Para 21
[2003] 1 Suppl. SCR 307 referred to Para 21
[2003] 3 SCR 485 relied on Para 22 E
[2011] 4 SCR 1176 relied on Para 22
[1990] 3 Suppl. SCR 259 relied on Para 26
[2002] 1 SCR 275 relied on Para 28
F
[2017] 10 SCR 12 relied on Para 30
[2017] 1 SCR 141 relied on Para 30
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1452 of 2023.
From the Judgment and Order dated 23.02.2021 of the High Court G
of Karnataka at Bengaluru in CRLP No. 3788 of 2019.
Devadatt Kamat, Sr. Adv., Nizam Pasha, Lzafeer Ahmad B. F.,
Sidhharth Kaushik, Shivendra Pandey, Rajesh Inamdar, Anubhav Kumar,
Ismail Zabiulla, Advs. for the Appellant.
H
358 SUPREME COURT REPORTS [2023] 5 S.C.R.
A Shubhranshu Padhi, Vishal Banshal, Niroop Sukrithy, Jai Nirupam,
Mahesh Thakur, Ms. Shivani, Mrs. Geetanjali Bedi, Mrs. Vipasha Singh,
Advs. for the Respondents.
The Judgment of the Court was delivered by
AHSANUDDIN AMANULLAH, J.
B
Heard learned counsel for the appellant, respondent no.1 and
respondent no.2.
2. Leave granted.
3. The present criminal appeal is directed against the Final
C Judgment and Order dated 23.02.2021 (hereinafter referred to as the
“Impugned Judgment”) rendered by the High Court of Karnataka
(hereinafter referred to as the “High Court”) at Bengaluru, whereby the
High Court was pleased to reject Criminal Petition No. 3788 of 2019
preferred by the appellant.
D FACTUAL PRISM:
4. The Appellant is the Managing Director of GM Infinite Dwelling
(India) Private Limited (hereinafter referred to as “GMID”). The
company is said to be engaged in developing residential properties. The
said company and the owners (heirs of one Mr A. Hafeez Khan) of land
E bearing Survey Number 83 in Jodi Mallasandra Village, District
Bengaluru entered into a Joint Development Agreement (hereinafter
referred to as the “JDA”) on 17.08.2009. In the year 2017, the apartment
project, as contemplated under the JDA, was completed and sale deeds
were executed in favour of the allottees.
F 5. The original owners of the land claimed title on the basis of
possessing the sale deed with regard to the said land; order of the Special
Deputy Commissioner, Inams Abolition, Bangalore in Case No. 86/1959-
60 dated 09.07.1961; Revenue records recording the property mutated
in the names of the heirs of Mr. A. Hafeez Khan and given Survey
Numbers 83/1 and 83/2 [(old Survey Number 8) new Survey Number
G 83]. Pursuant to the JDA, the land-owners got the land-use changed
from agriculture to non-agriculture and after getting the necessary No-
Objection Certificate from various departments involved, obtained the
sanctioned map and Building License from the Bruhat Bengaluru
Mahanagar Palike (hereinafter referred to as the “BBMP”), before
H construction commenced.
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 359
[AHSANUDDIN AMANULLAH, J.]
6. It transpires that one Venkatesh, son of Late Bylappa, was the A
owner of old Survey Number 83 and his property had been assigned
new Survey Numbers 80/1 and 80/3, and due to such change, with the
new survey numbers with regard to the land in question being Survey
Number 83, the said Venkatesh claimed title over land under the new
Survey Number 83. This resulted in prolonged civil litigation which
B
included an application before the Special Tehsildar; appeal before the
Assistant Commissioner, Bangalore, North Sub-Division, and; Appeal
before the Special Deputy Commissioner – all of which went against
Venkatesh.
7. But that is not all. There were also two suits – one filed by the
C
legitimate land-owners, which was a suit for injunction, and one (which
we have no hesitation in terming so) a frivolous suit filed by Venkatesh.
Since Venkatesh’s suit did not yield any relief, he, along with others,
approached the High Court with an appeal, which was also dismissed.
In addition to this, Venkatesh also made an application before the
Additional Director, Town Planning, BBMP and got the sanctioned plan D
cancelled. GMID impugned the cancellation before the High Court by
way of a writ petition, which was disposed of directing GMID and the
owners to approach the BBMP’s Appeal Committee. Upon so doing,
BBMP’s Appeal Committee set aside the order of the Commissioner
and restored the sanctioned plan.
E
8. The construction commenced and after GMID having entered
into sale agreement(s) with prospective purchasers of the apartments,
Venkatesh initiated criminal proceedings against the appellants and others
and through his proxies, one of whom, namely, Parvathy Reddy had
even been impleaded in the civil suit filed by Venkatesh. Another civil
F
suit being O.S. No. 8163/2016 has also been filed against the land-owners
and the builders by other person(s), which, as on date, is still pending.
While these civil litigations were being defended by GMID and the original
landlords in various courts, a criminal complaint was lodged by the mother
of the plaintiff in O.S. No. 8163/2016, under Sections 120B, 406, 419,
468, 471, 420, 448, 427 read with Section 34 of the Indian Penal Code, G
1860 (hereinafter referred to as the “IPC”). The same metamorphosed
into First Information Report in Crime No. 317/2017 at Bagalgunte Police
Station, Bangalore City (hereinafter referred to as the “FIR”) under
Section 3(1)(15) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/
H
360 SUPREME COURT REPORTS [2023] 5 S.C.R.
A ST Act”) and Sections 427, 420, 419, 406, 471, 468, 448 and 120B of the
IPC. The Managing Director of GMID, namely Gulam Mustafa, the
appellant before us is arrayed as Accused No. 18 in the FIR.
9. Insofar as the development on the land is concerned, learned
counsel for the appellant has stated that in 2017, the construction of the
B apartments was completed, sale deeds executed in favour of the
respective allottees, and these allottees are residing in their apartments
thereafter.
10. The appellant moved a petition under Section 482 of the Code
of Criminal Procedure, 1973 (hereinafter referred to as the “Code”) on
C 28.05.2019 before the High Court for quashing the FIR. The said petition
was numbered Criminal Petition No. 3788 of 2019, and the High Court,
by order dated 07.08.2019, while issuing notice, granted ad-interim
direction staying further proceedings in the FIR as far as the appellant
was concerned. However, Criminal Petition No. 3788 of 2019 was
ultimately dismissed on 23.02.2021, leading to the institution of the instant
D appeal.
SUBMISSIONS BY THE APPELLANT:
11. Learned senior counsel for the appellant submitted that firstly,
the matter is purely civil in nature as it raises questions relating to title of
the land on which GMID had entered into a JDA and constructed
E
apartments after following the due procedure in law.
12. It was submitted that not one but multiple authorities, including
revenue authorities, the BBMP, etc. had given requisite permission/s for
construction. Moreover, it was submitted that initial civil litigation was
also decided in favour of the original land-owners, with whom GMID
F had signed the JDA.
13. The complaint resulting into the FIR, submitted learned counsel,
was at the behest of Venkatesh, who, mischievously, taking advantage
of the similarity in the old survey number of his land with the new survey
number of the land involved herein, had blatantly abused the process of
G the court. It was submitted that even when the initial written complaint
was filed before the police, GMID was arrayed as Accused No. 19, but
in the consequent FIR, the appellant was made party thereto, by naming
him as the Accused No.18.
14. It was submitted that the FIR is a complete abuse of process
H as it has been filed by a family member of the person, who was
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 361
[AHSANUDDIN AMANULLAH, J.]
unsuccessful in various proceedings against the original land-owners and A
the builder (GMID), where they could not succeed and that is the reason
why Venkatesh had put up his illiterate mother to file a false and frivolous
complaint levelling false allegations. It was submitted that the issue of
title of the property has attained finality in terms of the decree passed by
the Civil Court and no appeal has been filed against the same. It was
B
submitted that even the allegations to bring in the SC/ST Act were
deliberate, and with malafide intention.
15. Learned counsel submitted that this Court has repeatedly
deprecated the practice of filing false criminal cases in order to apply
pressure and settle civil disputes. By way of illustration, he relied upon
Govind Prasad Kejriwal v State of Bihar, (2020) 16 SCC C
714;Commissioner of Police v Devender Anand, 2019 SCC OnLine
SC 966; Binod Kumarv State of Bihar, (2014) 10 SCC 663; Indian
Oil Corporationv NEPC India Ltd., (2006) 6 SCC 736 and G Sagar
SurivState of Uttar Pradesh, (2000) 2 SCC 636.
16. It was submitted that till date chargesheet has not been filed. D
It was further submitted that GMID had developed residential apartment
complexes of more than 400 units on the self-same land, whereon the
complainant’s family unsuccessfully attempted to claim title on multiple
occasions, and the FIR is nothing but a vexatious proceeding employed
as a tool by the complainant to coerce the appellant to agree to unjustified E
attempts. It was canvassed that in 2010, the relatives of the complainant
had instituted a civil suit seeking declaration of the title of the suit property,
which was dismissed in 2016. Subsequently, the sons of the complainant
instituted a fresh suit in 2016 and also sought an order to, inter alia,
restrain the appellant from entering upon the land in question. The said
suit, it is stated, is pending without any interim order in operation. F
17. Learned counsel also drew the attention of the Court to the
fact that the complainant’s relatives initially tried to interfere with the
suit property in 2006 due to which the original land-owners had initiated
a civil suit in 2008, which was, in fact, decreed against the complainant’s
family members. G
18. It was also submitted that the person(s), with whom the
appellant had inked the JDA, had purchased the subject-property in 1954-
1955 and thereafter, they got occupancy rights of the land on 09.07.1961,
and only in 2017, the present criminal dispute had been engineered by
the complainant and/or her family members, noted hereinabove. H
362 SUPREME COURT REPORTS [2023] 5 S.C.R.
A SUBMISSIONS OF RESPONDENT NO. 2/COMPLAINANT:
19. Learned counsel for the complainant/respondent no. 2 submitted
that the appeal is misconceived as the police was in the midst of investigation
which should be allowed to be completed. It was submitted that the
complainant belongs to the Scheduled Castes/Scheduled Tribes category
B and is protected thereunder. Learned counsel supported the invocation of
the provisions of the SC/ST Act in the FIR. It was submitted that the
additional documents, sought to be made part of the present record, were
not part of the pleadings before the High Court and thus, may not be
looked into. It was contended that it would amount to introduction of new
fact(s) in this case. It was contended that Section 482 of the Code requires
C the court only to see, whether from the complaint, any cognizable offence
is made out, which in the present case is made out.
20. It was submitted that as the specific allegations pertain to
cheating, criminal conspiracy and trespass, being cognizable offences
under the IPC, and the same relating to the property belonging to the
D Scheduled Castes/Scheduled Tribes community would attract provisions
of the SC/ST Act. It was reiterated that the property in question belongs
to the respondent no. 2 and her family members, and any construction
raised on the subject-land is by creating forged documents.
21. It was then contended that the Court is to be highly circumspect
E in interfering with investigation and quashing of FIRs. In support of his
contentions, learned counsel relied upon the following judgments, and
the paragraphs indicated alongside:
i. State of Madhya Pradesh v Surendra Kori, (2012) 10
SCC 155 @ Paras 14 and 16.
F
ii. Dineshbhai Chandubhai Patel v State of Gujarat, (2018)
3 SCC 104 @ Paras 30-31
iii. Satvinder Kaur v State (Govt. of NCT of Delhi), (1999)
8 SCC 728@ Para 16
G iv. P Chidambaram v Directorate of Enforcement, (2019)
9 SCC 24 @ Paras 61, 64-67
v. Skoda Auto Volkswagen India Private Limited v State
of Uttar Pradesh, (2021) 5 SCC 795 @ Para 41
vi. Union of India v Prakash P Hinduja, (2003) 6 SCC
H 195@ Para 20
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 363
[AHSANUDDIN AMANULLAH, J.]
22. Further, advancing that the FIR was not required to be an A
encyclopaedia, which must disclose all facts and details of the offence(s)
alleged or complained of, learned counsel relied upon Superintendent
of Police, CBI v Tapan Kumar Singh, (2003) 6 SCC 175(at Para
20) and State of Uttar Pradesh v Naresh, (2011) 4 SCC 324 (at Para
32).
B
SUBMISSIONS ON BEHALF OF RESPONDENT NO.1/THE
STATE:
23. Learned counsel for the State submitted that the matter involves
disputed questions of fact which this Court would not go into. It was the
submission that the case be left to be investigated into by the police. C
Further, it was submitted that Dineshbhai Chandubhai Patel (supra)
has held that it is the duty of the Investigating Officer to probe the crime,
and that the High Court is not to act as an Investigating Officer.
ANALYSIS, REASONING AND CONCLUSION:
24. Having considered the matter, this Court finds that a case for D
interference is made out. The basic facts to be noticed are: (a) that the
land-owners with whom GMID had entered into the JDA, had purchased
the land in 1954-1955, and; (b) the occupancy rights were also created
in the original land-owners’ favour on 09.07.1961. From then onwards,
no dispute was raised by any person before any authority and only after E
the GMID entered into the JDA with the original land-owners in the
year 2009, obtained all clearances from the authorities in their favour,
started the construction work and built apartments numbering more than
400, sold them to the buyers/allottees in the year 2017, did the present
dispute arise. This itself indicates a lack of bonafide. We have mused
as to why the complainant and her family members, if the land was F
theirs, would sit by and watch on as fence-sitters for a long period of
time.
25. Moreover, when one civil litigation had attained finality with
no relief granted to the relatives of the complainant, another civil suit
was filed in the year 2016 and therein as well, when no interim order G
could be secured by the complainant/her family members, the present
complaint has been registered, resulting in the FIR. We are constrained
to state that the malafide appears writ large from the aforenoted sequence
of events.
H
364 SUPREME COURT REPORTS [2023] 5 S.C.R.
A 26. Although we are not for verbosity in our judgments, a slightly
detailed survey of the judicial precedents is in order. In State of Haryana
v Bhajan Lal, 1992 Supp (1) SCC 335, this Court held:
“102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of
B the principles of law enunciated by this Court in a series of
decisions relating to the exercise of the extraordinary power
under Article 226 or the inherent powers under Section 482
of the Code which we have extracted and reproduced above,
we give the following categories of cases by way of illustration
wherein such power could be exercised either to prevent
C
abuse of the process of any court or otherwise to secure the
ends of justice, though it may not be possible to lay down any
precise, clearly defined and sufficiently channelised and
inflexible guidelines or rigid formulae and to give an
exhaustive list of myriad kinds of cases wherein such power
D should be exercised.
(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their face
value and accepted in their entirety do not prima facie
constitute any offence or make out a case against the accused.
E
(2) Where the allegations in the first information report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation by
police officers under Section 156(1) of the Code except under
an order of a Magistrate within the purview of Section 155(2)
F of the Code.
(3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and make
out a case against the accused.
G
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer without
an order of a Magistrate as contemplated under Section
155(2) of the Code.
H
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 365
[AHSANUDDIN AMANULLAH, J.]
(5) Where the allegations made in the FIR or complaint A
are so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that there
is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under which B
a criminal proceeding is instituted) to the institution and
continuance of the proceedings and/or where there is a
specific provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with C
mala fide and/or where the proceeding is maliciously instituted
with an ulterior motive for wreaking vengeance on the accused
and with a view to spite him due to private and personal
grudge.
103. We also give a note of caution to the effect that the D
power of quashing a criminal proceeding should be exercised
very sparingly and with circumspection and that too in the
rarest of rare cases; that the court will not be justified in
embarking upon an enquiry as to the reliability or genuineness
or otherwise of the allegations made in the FIR or the
complaint and that the extraordinary or inherent powers do E
not confer an arbitrary jurisdiction on the court to act
according to its whim or caprice.”
(emphasis supplied)
27. This Court, in S W Palanitkar v State of Bihar, (2002) 1 F
SCC 24, held:
“… whereas while exercising power under Section 482
CrPC the High Court has to look at the object and purpose
for which such power is conferred on it under the said
provision. Exercise of inherent power is available to the High
G
Court to give effect to any order under CrPC, or to prevent
abuse of the process of any court or otherwise to secure the
ends of justice. This being the position, exercise of power
under Section 482 CrPC should be consistent with the scope
and ambit of the same in the light of the decisions
aforementioned. In appropriate cases, to prevent judicial H
366 SUPREME COURT REPORTS [2023] 5 S.C.R.
A process from being an instrument of oppression or harassment
in the hands of frustrated or vindictive litigants, exercise of
inherent power is not only desirable but necessary also, so
that the judicial forum of court may not be allowed to be
utilized for any oblique motive. When a person approaches
the High Court under Section 482 CrPC to quash the very
B
issue of process, the High Court on the facts and
circumstances of a case has to exercise the powers with
circumspection as stated above to really serve the purpose
and object for which they are conferred.”
(emphasis supplied)
C
28. In State of Karnataka v M Devendrappa, (2002) 3 SCC
89, it was decided:
“6. Exercise of power under Section 482 of the Code in a
case of this nature is the exception and not the rule. The
D section does not confer any new powers on the High Court.
It only saves the inherent power which the Court possessed
before the enactment of the Code. It envisages three
circumstances under which the inherent jurisdiction may be
exercised, namely, (i) to give effect to an order under the Code,
(ii) to prevent abuse of the process of court, and (iii) to
E otherwise secure the ends of justice. It is neither possible nor
desirable to lay down any inflexible rule which would govern
the exercise of inherent jurisdiction. No legislative enactment
dealing with procedure can provide for all cases that may
possibly arise. Courts, therefore, have inherent powers apart
F from express provisions of law which are necessary for proper
discharge of functions and duties imposed upon them by law.
That is the doctrine which finds expression in the section which
merely recognizes and preserves inherent powers of the High
Courts. All courts, whether civil or criminal possess, in the
absence of any express provision, as inherent in their
G constitution, all such powers as are necessary to do the right
and to undo a wrong in course of administration of justice
on the principle quando lex aliquid alicui concedit, concedere
videtur et id sine quo res ipsae esse non potest (when the law
gives a person anything it gives him that without which it
H cannot exist). While exercising powers under the section, the
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 367
[AHSANUDDIN AMANULLAH, J.]
court does not function as a court of appeal or revision. A
Inherent jurisdiction under the section though wide has to be
exercised sparingly, carefully and with caution and only when
such exercise is justified by the tests specifically laid down in
the section itself. It is to be exercised ex debito justitiae to do
real and substantial justice for the administration of which
B
alone courts exist. Authority of the court exists for
advancement of justice and if any attempt is made to abuse
that authority so as to produce injustice, the court has power
to prevent abuse. It would be an abuse of process of the court
to allow any action which would result in injustice and prevent
promotion of justice. In exercise of the powers court would C
be justified to quash any proceeding if it finds that initiation/
continuance of it amounts to abuse of the process of court or
quashing of these proceedings would otherwise serve the ends
of justice. When no offence is disclosed by the complaint, the
court may examine the question of fact. When a complaint is
D
sought to be quashed, it is permissible to look into the
materials to assess what the complainant has alleged and
whether any offence is made out even if the allegations are
accepted in toto.”
(emphasis supplied)
E
29. In Uma Shankar Gopalika v State of Bihar, (2005) 10
SCC 336, at Para 7 thereof, it was held that when the complaint fails to
disclose any criminal offence, the proceeding is liable to be quashed
under Section 482 of the Code:
“In our view petition of complaint does not disclose any F
criminal offence at all much less any offence either under
Section 420 or Section 120-B IPC and the present case is a
case of purely civil dispute between the parties for which
remedy lies before a civil court by filing a properly constituted
suit. In our opinion, in view of these facts allowing the police
investigation to continue would amount to an abuse of the G
process of court and to prevent the same it was just and
expedient for the High Court to quash the same by exercising
the powers under Section 482 Code which it has erroneously
refused.”
(emphasis supplied) H
368 SUPREME COURT REPORTS [2023] 5 S.C.R.
A 30. The law on the subject was also examined in Parbatbhai
Aahir v State of Gujarat, (2017) 9 SCC 641. In Habib Abdullah
Jeelani, (2017) 2 SCC 779, it was opined:
“inherent power in a matter of quashment of FIR has to be
exercised sparingly and with caution and when and only when
B such exercise is justified by the test specifically laid down in
the provision itself There is no denial of the fact that the power
under Section 482 CrPC is very wide but it needs no special
emphasis to state that conferment of wide power requires the
Court to be more cautious. It casts an onerous and more
diligent duty on the Court.”
C
(emphasis supplied)
31. In Vinod Natesan v State of Kerala, (2019) 2 SCC 401,
this Court took the position outlined hereunder:
“11. … Even otherwise, as observed hereinabove, we are
D more than satisfied that there was no criminality on part of
the accused and a civil dispute is tried to be converted into a
criminal dispute. Thus to continue the criminal proceedings
against the accused would be an abuse of the process of law.
Therefore, the High Court has rightly exercised the powers
under Section 482 CrPC and has rightly quashed the criminal
E
proceedings. In view of the aforesaid and for the reasons
stated above, the present appeal fails and deserves to be
dismissed and is accordingly dismissed.”
(emphasis supplied)
F 32. The legal position was also considered in Kamal Shivaji
Pokarnekar v State of Maharashtra, (2019) 14 SCC 350. In
Mahendra K C v State of Karnataka, 2021 SCC OnLine SC 1021,
this Court stated:
“23. … the High Court while exercising its power under
Section 482 of the CrPC to quash the FIR instituted against
G
the second respondent-accused should have applied the
following two tests : i) whether the allegations made in the
complaint, prima facie constitute an offence; and ii) whether
the allegations are so improbable that a prudent man would
not arrive at the conclusion that there is sufficient ground to
H proceed with the complaint.”
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 369
[AHSANUDDIN AMANULLAH, J.]
33. We are equally mindful of Arnab Manoranjan Goswami v A
State of Maharashtra, (2021) 2 SCC 427, where at Paragraph 68, it
was stated that “… The other end of the spectrum is equally important:
the recognition by Section 482 of the power inhering in the High
Court to prevent the abuse of process or to secure the ends of justice
is a valuable safeguard for protecting liberty.” We are at one with
B
this comment. A detailed exposition of the law is also forthcoming in
Neeharika Infrastructure Pvt. Ltd. v State of Maharashtra, 2021
SCC OnLine SC 315, which we have factored into, while adjudicating
the instant lis.
34. Insofar and inasmuch as interference in cases involving the
SC/ST Act is concerned, we may only point out that a 3-Judge Bench of C
this Court, in Ramawatar v State of Madhya Pradesh, 2021 SCC
OnLine SC 966, has held that the mere fact that the offence is covered
under a ‘special statute’ would not inhibit this Court or the High Court
from exercising their respective powers under Article 142 of the
Constitution or Section 482 of the Code, in the terms below: D
“15. Ordinarily, when dealing with offences arising out
of special statutes such as the SC/ST Act, the Court will be
extremely circumspect in its approach. The SC/ST Act has been
specifically enacted to deter acts of indignity, humiliation and
harassment against members of Scheduled Castes and E
Scheduled Tribes. The SC/ST Act is also a recognition of the
depressing reality that despite undertaking several measures,
the Scheduled Castes/Scheduled Tribes continue to be
subjected to various atrocities at the hands of upper-castes.
The Courts have to be mindful of the fact that the SC/ST Act
has been enacted keeping in view the express constitutional F
safeguards enumerated in Articles 15, 17 and 21 of the
Constitution, with a twin-fold objective of protecting the
members of these vulnerable communities as well as to provide
relief and rehabilitation to the victims of caste-based atrocities.
16. On the other hand, where it appears to the Court that G
the offence in question, although covered under the SC/ST
Act, is primarily civil or private where the alleged offence
has not been committed on account of the caste of the victim,
or where the continuation of the legal proceedings would be
an abuse of the process of law, the Court can exercise its H
370 SUPREME COURT REPORTS [2023] 5 S.C.R.
A powers to quash the proceedings. On similar lines, when
considering a prayer for quashing on the basis of a
compromise/settlement, if the Court is satisfied that the
underlying objective of the SC/ST Act would not be
contravened or diminished even if the felony in question goes
unpunished, the mere fact that the offence is covered under a
B
‘special statute’ would not refrain this Court or the High Court,
from exercising their respective powers under Article 142 of
the Constitution or Section 482 Cr.P.C.”
(emphasis supplied)
C 35. We have bestowed anxious consideration to the precedents
cited by learned counsel for the respondents and are of the view that the
same are inapposite to the factual scenario herein. Suffice it would be to
state that while the propositions laid down therein are not disputed, they
do not prejudice the version of the present appellant. Tapan Kumar
Singh(supra) and Naresh(supra) indicate that the FIR need not be a
D detailed one, as it is only to initiate the investigative process and the
police should ordinarily be allowed to investigate. This is the general
rule, but not a fetter on this Court or the High Court in an appropriate
case.
36. What is evincible from the extant case-law is that this Court
E has been consistent in interfering in such matters where purely civil
disputes, more often than not, relating to land and/or money are given
the colour of criminality, only for the purposes of exerting extra-judicial
pressure on the party concerned, which, we reiterate, is nothing but
abuse of the process of the court. In the present case, there is a huge,
and quite frankly, unexplained delay of over 60 years in initiating dispute
F
with regard to the ownership of the land in question, and the criminal
case has been lodged only after failure to obtain relief in the civil suits,
coupled with denial of relief in the interim therein to the respondent no.2/
her family members. It is evident that resort was now being had to
criminal proceedings which, in the considered opinion of this Court, is
G with ulterior motives, for oblique reasons and is a clear case of
vengeance.
37. The Court would also note that even if the allegations are
taken to be true on their face value, it is not discernible that any offence
can be said to have been made out under the SC/ST Act against the
H appellant. The complaint and FIR are frivolous, vexatious and oppressive.
SRI GULAM MUSTAFA v. THE STATE OF KARNATAKA & ANR. 371
[AHSANUDDIN AMANULLAH, J.]
38. This Court would indicate that the officers, who institute an A
FIR, based on any complaint, are duty-bound to be vigilant before invoking
any provision of a very stringent statute, like the SC/ST Act, which imposes
serious penal consequences on the concerned accused. The officer has
to be satisfied that the provisions he seeks to invoke prima facie apply
to the case at hand. We clarify that our remarks, in no manner, are to
B
dilute the applicability of special/stringent statutes, but only to remind the
police not to mechanically apply the law, dehors reference to the factual
position.
39. For the reasons aforesaid, the Court finds that the High Court
fell in error in not invoking its wholesome power under Section 482 of
the Code to quash the FIR. Accordingly, the Impugned Judgment, being C
untenable in law, is set aside. Consequent thereupon, the FIR, as also
any proceedings emanating therefrom, insofar as they relate to the
appellant, are quashed and set aside.
40. Accordingly, this appeal stands allowed, without any order
towards costs. Pending applications are consigned to records. D
Divya Pandey Appeal allowed.
(Assisted by : Mayank Batra, LCRA)
E
F
G
H
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