In Wyeth limited vs State of Bihar, 2022 the Supreme Court held that the complaint should be quashed if on its careful reading there is no offence made out under the complaint.

The court said as the complaint disclosed nothing more than a contractual relationship just by putting words of complaint in the language of the Indian Penal Code an offence cannot be made out. The bench of Justice Indira Banerjee and V Ramasubramanian heard this appeal filed against the decision of the High court of disallowing the application for quashing the complaint under Section 482 of the Criminal Procedure code.

The complainant filed a complaint of private nature under Section 200 of CRPC which referred to police under section 156(3) of CRPC for registration of FIR under sections 406, 420, 408, 193, 196, 471, 384, 311, 120B of IPC.

The accused moved the application for quashing the complaint before the High court but the High court rejected his application. Therefore, the matter came before the present court as an appeal against the decision of the High court.

It was contended by the accused before this court that the complaint no disclose any offence on its reading; at the place of civil suit respondent irrationally filed a criminal complaint by puzzling of words; HC overlooked application for prayer of quashing complaint and for bringing on record chargesheet.

The court observed that on hearing of the whole issue and on reading the complaint. We are of the opinion that if all the points written in the complaint are taken be true there is no offence is made out under the complaint. Therefore we set aside the decision of High court and the appeal is allowed.

Leave a Comment

× Need legal help?