In Brief
Govind Prasad Kejriwal, accused of wrongful restraint, voluntarily causing hurt and theft under the IPC, challenged the Magistrate's order taking cognizance against him. The underlying dispute arose from a partnership firm matter where related civil proceedings (a suit filed by the complainant's brother) had been dismissed and the appeal withdrawn. The Supreme Court held that the criminal proceedings were an abuse of process of law—a civil dispute improperly cast as a criminal matter. Since the ingredients of the alleged offences were not satisfied, the Court quashed the cognizance order and all criminal proceedings.
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