Apex Court observed: when accusation leveled against the accused are of not personal nature, then same cannot be quashed by invoking power under section 482 of the Cr.P.C.
Criminal Appeal No. 445 of 2016
Bench: Justice Jagdish Singh Khehar; Justice C. Nagappan
Case Brief: In the present case, the Respondent nos. 4 to 7 here earlier filed a written complaint to the Police against the Respondent no. 1 to 3. The complainants- Respondents above claimed to the members of the All Kerala Chemists and Druggists Association and respondent no. 1 was the President to that Association during the relevant time, and Respondent no. 2 was secretary and respondent no. 3 was the treasurer of the association. In the complaint it instances of criminal conspiracy, with common intention, misappropriation of huge amounts of funds of the Association were levelled against the said Respondents. Moreover, the Appellants here also claiming as member of the said Association filed another complain with similar allegations against same respondents (1 to 3). Thereafter, the said respondent nos. 1 to 3 filed a criminal application before High Court under section 482 of the Code of Criminal Procedure, 1973 to quash the said final report coming out of the reports filed by Respondent no. 4 to 7. The High court as such passed an impugned order and pending proceedings were quashed. Thus, the appellants here placed the very important question for consideration of this bench i.e. whether the allegations levelled in the complaint against respondent nos. 1 to 3 would fall within the purview of the High Court, so as to enable it to quash the same, in exercise of its jurisdiction under section 482 of the Code. The bench observed that the accusations levelled against the said respondents (1 to 3) do not pertain to a dispute which can be described as purely of a personal nature.
As such, this bench decided that the basis on which the impugned order was passed was incorrectly determined as of a personal nature. And also accusations were not of such nature, as the same could have been quashed under section 482 of the code. As such, the appeal is allowed by this bench and the impugned order is set aside, and the original criminal case is restored on file of the Chief Judicial Magistrate for allowing that court to proceed further with the matter as per law.
Read the Judgment: J.Ramesh Kamath & Ors. Vs Mohana Kurup & Ors