Important Judgment Pronounced Today on Rule of Quashing Criminal Case (17th May, 2019) Amaresh Patel LANDMARK JUDGMENT Fri, May 17, 2019, at ,03:20 PM Title of the Case – Rule of Quashing Criminal Cases Name of the case – Md. Allauddin Khan V. The State of Bihar & Ors, Crl. A. No. 675 of 2019 (@ S.L.P. (Crl) No. 1151 of 2018) Date of Judgment – 17th May, 2019 Judges: Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari Subject and sections involved – Section 323, 379 read with Section 34 of the Indian Penal Code. Issue: Whether pendency of a civil case between complainant and accused is a reason to quash criminal case. Fact of the Case: Two accused were summoned by the Magistrate in a complaint alleging offence under Section 323, 379 read with Section 34 of the Indian Penal Code. The criminal proceeding against them was quashed by High Court on the ground that since there was a dispute pending between the parties in the Civil Court in relation to a shop as being landlord and tenant. It deemed to be a Civil Dispute between the parties. Ratio of the case - The division bench of Supreme Court observed that The High Court failed to see that mere pendency of a civil suit is not an answer to the question as to whether a case under Sections 323, 379 read with Section 34 IPC is made out against respondent Nos. 2 and 3 or not. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondent Nos. 2 and 3 have committed the offences punishable under Sections 323, 379 read with Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not. In other words, in order to see whether any prima facie case against the accused for taking its cognizance is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable. Thus, mere pendency of a civil case between complainant and accused is not a reason to quash criminal case.