Code of Criminal Procedure, 1973:
s.482 – Petition under – Seeking quashing of criminal
proceeding initiated u/ss. 405, 406, 415 and 420 IPC – Rejected by
High Court – On appeal, held: High Court, in exercise of jurisdiction
u/s. 482 is required to examine whether the averments in the
complaint, taken on their face, constitute ingredients necessary for
an offence alleged – The complaint in the present case is bereft of
the basic facts necessary to constitute the offences alleged u/ss.
405, 406, 415 and 420 IPC – An attempt has been made by the
complainant to cloak a civil dispute with a criminal nature – The
complaint constitutes an abuse of process of court and therefore is
liable to be quashed – Penal Code, 1860 – ss. 405,406, 415 and
420.