SC: Complaints made with a mala fide intention to be dismissed along with payment of fine to the aggrieved party

The Apex Court on 11.01.2019, in Sri Suresh Kumar Goyal and Others.v State of Uttar Pradesh and Another.[1], allowed the appeal that  contested  the  High Court of Judicature at Allahabad’s order that had dismissed the appellant’s application  under Section 482(saving of inherent powers belonging to the High Court)  of CrPC.

FACTS: A complaint had been filed by respondent No 2. Against the appellants mainly concerning the father, brother and brother-in law of the respondent in  the Court of 3rd Additional Chief Judicial Magistrate, Ghaziabad  wherein the appellant were alleged to have conspired against the respondent and thrown him and his children out of the household premises , further  forging his signatures  and procuring the shares of bonus  through illegal means  followed by utter misbehavior  and concealment  of details about the shares while having custody of his part of shares .The appellants were charged of betraying and cheating the respondent and being guilty for committing offence which were punishable under  Sections 406, 420, 467, 471, 323, 504, 506, 447 and 448 IPC.

The  3rd Additional Chief Judicial Magistrate by the virtue of an  order  did not find any reasonable ground for summoning the appellants  for trial and dismissed the complaint of having no merit . However, the order was set aside by a criminal revision by the Additional Session Judge,  that was filed by the respondent .

 Being aggrieved by the order, an application was made by the appellant before the High Court which was subsequently dismissed  .The decision was challenged in the Supreme Court of India.

DECISION HELD BY THE APEX COURT:  The Apex Court while setting aside the lower Courts orders and allowing the appeal , further allowed the application for  being  discharged  while giving a direction to the respondent to pay an amount of twenty five thousand to the appellant as the complaint made mala fide in nature.