Summons By Criminal Court Affects Image In Society, Suppressing Civil Proceedings To Pursue Criminal Complaint Is..
Principle: Summons by Criminal Court Affects Social Reputation; Abuse of Process by Suppressing Civil Remedies
A criminal summons or complaint, even at the initial stage, has a serious impact on a person’s social reputation and standing in society. Being summoned to face criminal allegations creates a social stigma and can cause irreparable damage to personal and professional life.
At times, criminal complaints are filed to gain tactical advantage or to suppress ongoing or potential civil proceedings, which leads to misuse or abuse of the criminal justice system.
Courts have cautioned against such misuse by holding:
Criminal law is not a tool for civil dispute resolution.
Resorting to criminal prosecution to suppress or delay civil remedies is an abuse of process of law.
Courts must ensure that criminal cases are not used as instruments of oppression or harassment.
Judicial discretion must be exercised to quash or stay criminal proceedings where the complaint is filed with an ulterior motive.
Detailed Explanation
1. Impact on Reputation and Social Image
A criminal summons brands the person as an accused in the eyes of society, causing damage to reputation even before trial.
Social stigma associated with criminal proceedings often leads to loss of respect, job, or business opportunities.
The Supreme Court has observed that criminal proceedings can cause irreparable harm to the person’s image even if they are ultimately acquitted.
2. Misuse of Criminal Law to Suppress Civil Claims
Sometimes parties file criminal complaints out of spite or to intimidate the other party in a civil dispute.
This tactic is used to pressure or delay civil proceedings, thereby obstructing justice.
The law does not permit criminal law to be used as a weapon for civil issues.
3. Doctrine of Abuse of Process
Abuse of process means using the court process for improper purposes.
Courts have the power to quash criminal proceedings if it is evident that the complaint is motivated by malice or intended to misuse the law.
The Criminal Procedure Code (CrPC) under Section 482 gives courts inherent power to prevent abuse of process.
Relevant Case Laws
1. State of Haryana v. Bhajan Lal (1992)
The Supreme Court laid down guidelines to quash criminal proceedings if the complaint is frivolous, vexatious or filed with an ulterior motive to harass the accused.
The Court emphasized that criminal law should not be used to settle private disputes.
2. Bharat Petroleum Corporation Ltd. v. Great Eastern Shipping Co. Ltd. (2007)
The Court held that a criminal complaint filed to enforce a civil right or contract is an abuse of the process of law.
Civil remedies are to be pursued through civil courts and cannot be converted into criminal prosecution.
3. Rajinder Kumar v. State of Haryana (2009)
The Delhi High Court observed that criminal proceedings affect a person's reputation, and courts must protect individuals from false or mala fide criminal complaints.
It reiterated that such complaints are to be quashed if filed to suppress civil claims or extort money.
4. M/s Laxmi Engineering Works v. P.S.G. Industrial Institute (2011)
The Supreme Court quashed criminal proceedings that were initiated to harass and coerce the opposing party in a commercial dispute.
It held that criminal law cannot be a substitute for civil remedies.
5. Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2010)
The Court emphasized that criminal proceedings should not be allowed to be misused to blackmail or intimidate.
Quashing of criminal proceedings is justified where the complaint appears to be a tactical abuse of criminal law.
Practical Takeaway
Individuals summoned by criminal courts must be aware that their social reputation can be significantly affected.
Civil disputes should be resolved through civil courts, and criminal law should not be resorted to as a tactical weapon.
Courts play a crucial role in protecting individuals from abuse of criminal process by quashing malicious or frivolous complaints.
Defence counsel should highlight any malafide intention or ulterior motive behind criminal complaints to seek appropriate judicial relief.
Conclusion
The principle that criminal summons affect a person’s image in society and that criminal law cannot be used to suppress civil remedies is well entrenched in Indian jurisprudence. Courts vigilantly prevent misuse of criminal law and uphold the sanctity of both criminal and civil justice systems by ensuring that each remedy is pursued in its proper forum.
RELATED Blog
0 comments