The previous couple of years has witnessed a big hike within the
variety of frivolous legal complaints being filed to settle civil
disputes. Majority of civil disputes associated to household inheritance,
partitions, property, will execution, disputes between two
firms or disputes ensuing from a contract between two events
– the overall tendency is to lodge a legal grievance
in opposition to the alternative get together along with submitting of civil fits or
initiation of arbitration proceedings.

This mechanism of settling civil disputes has been more and more
used for restoration of alleged excellent quantity payable by one
get together to a different in the middle of enterprise transaction sure by
contracts. The delay in adjudication of civil disputes has led to
changing civil disputes into legal instances. Further, the fast
aid provided by a legal prosecution versus a civil
dispute encourages the litigant to provoke false and vexatious
proceedings.

This rising pattern of changing pure civil disputes into
legal instances has drawn flak from the courts of India and the identical
has been upheld by the Hon’ble Apex Court. A abstract of the
judgments handed by the Hon’ble Apex Court is about out
under:

• Govind Prasad Kejriwal Vs.
  State of Bihar & Anr: In the judgement dated January
  31, 2020, the apex court docket has noticed that ‘It can’t be
  disputed that whereas holding the inquiry below Section 202 of CrPC,
  the Magistrate is required to take a broad view and a prima facie
  case. However, even whereas conducting/holding an inquiry below
  Section 202 of CrPC, the Magistrate is required to think about whether or not
  even a prima facie case is made out or not and whether or not the legal
  proceedings initiated are an abuse of strategy of regulation or the Court
  or not and/or whether or not the dispute is solely of a civil nature or
  not and/or whether or not the civil dispute is tried to be given a color
  of legal dispute or not. As noticed hereinabove, the dispute
  between the events might be mentioned to be purely of a civil nature.
  Therefore, this can be a match case to quash and put aside the impugned
  legal proceedings.’ Therefore, the underlying precept
  noticed by the Hon’ble apex court docket is that submitting a legal
  grievance to settle civil disputes is nothing however an abuse of
  strategy of regulation and the Court.

• The Commissioner of Police
  & Ors Vs Devender Anand & Ors: The Hon’ble
  apex court docket vide order dated August 8, 2019 has noticed that
  ‘Even contemplating the character of allegations within the grievance,
  we’re of the agency opinion that no case is made out for taking
  cognizance of the offence below Section 420/34 of IPC. The case
  includes a civil dispute and for settling a civil dispute, the
  legal grievance has been filed, which is nothing however an abuse of
  the method of regulation.

• M/S Indian Oil Corporation Vs
  M/S Nepc India Ltd. And Ors: The Hon’ble apex court docket
  vide order dated July 20, 2006 has concurred with its order handed
  within the matter of G. Sagar Suri v. State of U.P, that, ‘it’s
  to be seen if a matter, which is basically of civil nature, has
  been given a cloak of legal offence. Criminal proceedings are
  not a brief lower of different cures obtainable in regulation.’

The bench comprising of Justice H.Okay. Sema and Justice R V
Raveendra whereas deciding an attraction filed by Indian Oil Corporation,
difficult an order of the Madras High Court quashing legal
instances filed by it in opposition to NEPC India have despatched out a transparent warning
that ‘Any effort to settle civil claims and disputes which
doesn’t embody any legal offence, by making use of strain
by way of legal prosecution ought to be deprecated and
discouraged.’ . Further, the bench has noticed that
‘While nobody with a reliable trigger or grievance ought to be
prevented from in search of cures in legal regulation, a complainant who
initiates or persists with a prosecution being totally conscious that the
legal proceedings are unwarranted and his treatment lies solely in
civil regulation, ought to himself be made accountable on the finish of such
misconceived legal proceedings.’

• Binod Kumar Vs. State of
  Bihar: The Hon’ble apex court docket reiterated the
  precept of regulation that legal proceedings are usually not for use as a
  shortcut for civil cures and since no case of dishonest is made
  out in any of the FIRs, the petitions are allowed and FIRs was
  quashed.

The conclusions drawn from all of the above-mentioned judgements,
basically stipulates that courts have again and again deprecated
the initiation of false legal proceedings in instances having the
components of a civil dispute. Despite a number of warning and judgements
handed by the Hon’ble apex court docket in opposition to utilizing legal
complaints as a weapon to settle civil disputes, there was no
change within the variety of legal instances being filed. However, it
turns into important to not let such frivolous legal complaints act
as a bargaining weapon to achieve a speedy settlement or to get the
desired outcomes. Criminal complaints are usually not for use as a method
to intimidate folks to realize their objectives of settling civil
disputes. It turns into the obligation of the counsels to assist uphold the
precept of pure justice within the view of the judgements handed
by the Hon’ble apex court docket and be sure that civil disputes
given the color of legal offence ought to be quashed and the
responsible should be held accountable for abusing the method of regulation and
the courts.

The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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