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Supreme Court of India 2020-01-30 allowed

AHMAD ALI QURAISHI vs THE STATE OF UTTAR PRADESH

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

This appeal involved appellants challenging a High Court order that refused to quash criminal proceedings initiated against them for offences including criminal intimidation, criminal force, and sexual abuse of children under POSCO Act. The appellants and complainant were neighbours and relatives involved in a property dispute. The alleged incident on 19.07.2016 had resulted in police peacekeeping proceedings, and the complainant's earlier application under Section 156(3) CrPC was rejected for lack of sufficient grounds. A police enquiry report found no evidence. The Supreme Court held that the subsequent complaint was manifestly malafide and instituted with ulterior motive to settle the property dispute through criminal process, falling within Category 7 of the Bhajan Lal framework. The Court quashed the proceedings.

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Criminal Procedure Abuse of Process Quashing of Proceedings Malafide Section 482 CrPC Property Dispute

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