In Brief
The appellant filed a criminal complaint against respondents 2 and 3 for assault (Section 323) and theft (Section 379) with common intention (Section 34) arising from a property dispute. The Judicial Magistrate found a prima facie case, but the High Court quashed the complaint, treating it as essentially a civil dispute. The Supreme Court allowed the appeal, holding that the mere existence of a parallel civil suit does not preclude criminal cognizance. The Court must examine whether the complaint's allegations prima facie constitute the criminal offences charged, not assess the strength of evidence or reconcile contradictions—matters reserved for trial.
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