Mala fide criminal complaint quashed where family dispute record showed abuse of process and ulterior motive.

Criminal proceedings may be quashed under Section 482 CrPC where the materials show manifest mala fides, an ulterior motive, and abuse of process. Here, the complaint arose from an ongoing family and property dispute, and the surrounding record included earlier police intervention, peace proceedings, rejection of a Section 156(3) application, and an enquiry report that did not support the allegations. Applying the settled principles in Bhajan Lal, the SC treated the later complaint on the same core facts as a weapon of harassment and held that the prosecution could not be allowed to continue. The proceedings were quashed and the appeal was allowed.

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Issues: Whether the criminal complaint and consequential proceedings were liable to be quashed in exercise of inherent jurisdiction on the ground that they were manifestly attended with mala fides and instituted with an ulterior motive.

Analysis: The dispute arose out of an ongoing family and property dispute between the parties. The record showed an earlier police intervention in relation to the same incident, initiation of proceedings to maintain peace, rejection of the application under Section 156(3) of the Code of Criminal Procedure, 1973, and an enquiry report which did not support the allegations. The complaint was filed later on the same core allegations. Applying the settled principles governing Section 482, including the illustrative categories in Bhajan Lal, the Court held that criminal process cannot be permitted to continue where the proceeding is used as a weapon of harassment or is maliciously instituted to settle private scores.

Conclusion: The proceedings were held to fall within the category of mala fide prosecution and were quashed; the appeal was allowed.

Ratio Decidendi: Criminal proceedings may be quashed under Section 482 of the Code of Criminal Procedure, 1973 when the materials show that the prosecution is manifestly attended with mala fides, instituted with an ulterior motive, and amounts to abuse of the process of court.

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