The Patna High Court has quashed criminal proceedings against 11 members of a family accused of assaulting a woman, abusing her and snatching her jewellery, holding that the allegations were general and omnibus in nature and the essential ingredients of the alleged offences were not made out.

Justice Rana Vikram Singh observed that the parties were embroiled in a longstanding dispute over their respective shares in landed property and had instituted multiple criminal cases against one another. The Court found that the complaint appeared to be a counterblast to earlier proceedings and described the case as an illustration of the misuse of judicial forums to settle personal vendettas.

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The complainant had alleged that the accused assaulted and abused her, snatched her gold earrings, silver chain and other ornaments, and subjected her to humiliation. The Magistrate had taken cognizance of offences under Sections 323 (voluntarily causing hurt), 379 (theft) and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code (IPC) and directed issuance of summons.

The petitioners contended that the complaint was motivated by an existing land dispute and was filed in retaliation for earlier criminal proceedings initiated by one of the petitioners. The complainant and the State opposed the plea, arguing that the allegations disclosed a prima facie case warranting trial.

After examining the complaint and witness statements, the Court noted that the allegations were sweeping and omnibus in nature. It relied on the Supreme Court’s decisions, which recognise that criminal proceedings initiated maliciously or as a counterblast may amount to an abuse of process.

The Court held that the Magistrate’s order reflected a total non-application of judicial mind and quashed the cognizance order as well as all criminal proceedings arising from the complaint