Supreme Court of India
RAVINDER SINGHversusSUKHBIR SINGH & ORS.
- Citation
- 2013 INSC 30
- Decided
- 11 January 2013
- Disposal
- Appeal(s) allowed
- Bench
- B S CHAUHAN
Holding
Because the High Court had already decided the issue of filing the second writ petition and closed the contempt proceedings at the complainant’s instance, the principle of issue‑estoppel bars a fresh prosecution under Section 3(1)(viii) of the SC/ST Act, and the complaint must be quashed.
Summary
Ravinder Singh, owner of agricultural land, filed two criminal writ petitions seeking to quash FIRs filed by Sukhbir Singh. The second petition was filed without disclosing the earlier one, leading to a contempt proceeding which the High Court closed after the counsel apologized. Sukhbir Singh then lodged a criminal complaint under Section 3(1)(viii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging that the second petition was false, malicious and vexatious. The Supreme Court held that the High Court had already adjudicated the issue and closed the matter at the complainant’s request, invoking the principle of issue‑estoppel, and that the elements of false, malicious and vexatious filing were not established. Consequently, the Court exercised its inherent power under Section 482 CrPC to quash the criminal complaint, restoring the magistrate’s order and setting aside the High Court’s decision. The appeal was allowed and the complaint was dismissed.
Issues considered
- The principle of issue‑estoppel and whether it bars a fresh criminal prosecution under Section 3(1)(viii) of the SC/ST Act after the contempt proceedings were closed.
- Whether the filing of the second writ petition satisfies the statutory requirements of ‘false, malicious or vexatious’ under Section 3(1)(viii) of the SC/ST Act.
- Whether the mere status of the complainant as a member of a Scheduled Caste or Tribe suffices for prosecution under the Act.
- Whether the inherent power of the court under Section 482 CrPC can be exercised to quash the criminal complaint.
- Whether the High Court erred in dismissing the petition under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure, 1898s. 403(2)
- Code of Criminal Procedure, 1973s. 482
- Indian Penal Code, 1860s. 34, s. 427, s. 447, s. 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. 3(1)(viii)
Subjects
SC/ST (Prevention of Atrocities) ActIssue estoppelFalse malicious vexatious filingInherent power of courtSection 482 CrPCQuashing criminal proceedingsContempt of courtLand disputeAbuse of processJudicial discretion
Judgment
[2013] 1 S.C.R. 243
RAVINDER SINGH A
v.
SUKHBIR SINGH & ORS.
(Criminal Appeal No. 67 of 2013}
JANUARY 11, 2013
B
[DR. B.S. CHAUHAN AND V. GOPALA GOWDA, JJ.]
Code of Criminal Procedure, 1973:
s.482 - Quashing of criminal proceedings - Contempt c
petition for filing two criminal writ petitions on same facts and
for same relief - High Court closed the proceedings -
Criminal complaint u/s 3(1)(viii) of 1989 Act filed for filing the
said two criminal writ petitions - Held: High Court in contempt
petition has dealt with the issue involved and the matter stood 0
closed at the instance of complainant himself - Therefore,
there can be no justification whatsoever to launch criminal
prosecution on that basis afresh - Inherent power of court in
dealing with an extraordinary situation is in the larger interest
of administration of justice and for preventing manifest
injustice being done -Thus, it is a judicial obligation on court E
to undo a wrong in course of administration of justice and to
prevent continuation of unnecessary judicial process - It may
be so necessary to curb the menace of such criminal
prosecution - Complaint filed u/s 3(1)(viii) of 1989 Act is
quashed - Scheduled Castes and Scheduled Tribes F
(Prevention of Attrocities) Act, 1989 - s.3(1)(viii) - Code of
Criminal Procoedure, 1898 - s. 403(2).
CRIMINAL LAW:
G
Issued estoppel - Explained - Code of Criminal
Procedure, 1898 - s.403(2).
Scheduled Cast~s and Scheduled Tribes (Prevention of
atrocities) Act, '1989:
243 H
244 SUPREME COURT REPORTS [2013) 1 S.C.R.
A s.3(1)(viii) - Prosecution for filing of false, malicious or
vexatious or criminal or other legal proceedings -
Expressions, 'false', 'malafides' and 'vexatious - Connotation
of - Held: Merely because the victim/complainant belongs to
a Scheduled Caste or Scheduled Tribe, the same cannot be
B the sole ground for prosecution, for the reasott that the offence
mentioned under the Act should be committed against him
on the basis of the fact that such a person belongs to a
Scheduled Caste or a Scheduled Tribe - An unsuccessful
application for the purpose of quashing the FIR lodged by
c complainant does not mean that a false case was filed against
him.
The appellant was arrested in connection with FIR
No. 25412005 for offences punishable ulss 427, 447 and
506 read with s.34 IPC filed by respondent no. 1. On his
D release on bail, he engaged respondent no.2 as his
advocate and filed W. P. (Crl.) No. 1667 of 2005, inter alia,
seeking to quash FIR No. 25412005. It was the case of the
appellant that he was the owner and in possession of 1
bigha and 4 biswas of agricultural land with regard to
E which respondent no. 1 made an attempt to take forcible
possession and also filed the criminal case. The said writ
petition was dismissed. However, final report u/ss.173
and 169 CrPC was submitted in the court in FIR No. 254;
and the claim of respondent no.1 for inclusion of his
F name in revenue records as a person in possession/
occupation was also rejected. Thereafter, W. P. (Crl.) No.
2657/2006 came to be filed by respondent no. 2 in the
name of the appellant, containing the same averments as
made in the first writ petition and seeking the same relief.
G This writ petition was dismissed in default. Thereafter
respondent no.1 filed Contempt Case (Crl.) No. 10/2007
before the High Court against the appellant for filing the
said two criminal writ petitions. The appellant filed a reply
expressing his ignorance regarding the filing of the
H second criminal writ petition. Respondent no. 2 also
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 245
tendered an unconditional apology. The High Court A
accepted the version of the appellant and the apology of
respondent no.2 and, by order dated 16.02.2009, closed
the criminal proceedings. Respondent no.1 then filed a
criminal complaint u/s 3(1)(viii) of the Scheduled Castes
and Scheduled Tribes (Prevention of atrocities) Act, 1989 B
against the appellant for filing the said two criminal writ
petitions. The Metropolitan Magistrate by his order dated
13.08.2009 dismissed the complaint. However, the
revision of respondent no. 1 was allowed. The petition of
the appellant u/s. 482 CrPC seeking to quash the criminal c
complaint having been dismissed by the High Court, he
filed the appeal.
Allowing the appeal, the Court
HELD: 1.1 In Masumsha Hasanasha Musa/man's case, D
this Court has held that merely because the victim/
complainant belongs to a Scheduled Caste or a
Scheduled Tribe, the same cannot be the sole ground for
prosecution, for the reason that the offence mentioned
under the Scheduled Castes and Scheduled Tribes E
(Prevention of atrocities) Act, 1989 (the Act) should be
committed against him on the basis of the fact that such
a person belongs to a Scheduled Caste or a Scheduled
Tribe. [Para 9] [258-E-G]
Masumsha Hasanasha Musa/man v. State of F
Maharashtra, 2000 (1) SCR 1155 =AIR 2000 SC 1876 -
relied on
1.2 The word 'false', in clause (viii) of s.3 (1) of the Act
is used to cover only unlawful falsehood. It means G
something that is dishonestly, untrue and deceitful, and
implies an intention to perpetrate some treachery or
fraud. In jurisprudence, the word 'false' is used to
characterise a wrongful or criminal act, done intentionally
and knowingly, with knowledge, actual or constructive. H
246 SUPREME COURT REPORTS [2013) 1 S.C.R.
A The word false may also be used in a wide or narrower
sense. [Para 11] [259-C-E]
Commissioner of Sa/es Tax, Uttar Pradesh v. Sanjiv
Fabrics, 201 o (11} SCR 627 = (201 O) 9 sec 630 - relied on.
B 1.3 Mala fides, where it is alleged, depending upon
its own facts and circumstances, in fact has to be proved.
It is a deliberate act in disregard of the rights of others. It
is a wrongful act done intentionally without just cause or
excuse. Legitimate indignation does not fall within the
C ambit of a malicious act. In almost all legal inquiries,
intention as distinguished from motive is the all important
factor. In common parlance, a malicious act has been
equated with an intentional act without just cause or
excuse. [Para 14 and 16] [260-C-D; 261-D]
D
Kumaon Manda/ Vikas Nigam Ltd. v. Girja Shankar Pant
& Ors., 2000 (4) Suppl. SCR 248 = AIR 2001 SC 24 - relied
on.
West Bengal State Electricity Board v. Dilip Kumar Ray,
E 2006 (9) Suppl. SCR 554 =AIR 2007 SC 976; State of
Punjab v. V.K. Khanna & Ors. 2000 (5) Suppl. SCR 200 =AIR
2001 SC 343; State of A.P. & Ors. v. Goverdhanfal Pitti, 2003
(2) SCR 908 =AIR 2003 SC 1941; Prabodh Sagar v. Punjab
SEB & Ors., 2000 (3) SCR 866 =AIR 2000 SC 1684; and
F Chairman and MD, BPL Ltd. v. S.P. Gururaja & Ors., 2003
(4) Suppl. SCR 587 = AIR 2003 SC 4536 - referred to
1.4 The word "vexatious" means 'harassment by the
process of law', 'lacking justification' or with 'intention to
G harass'. It signifies an action not having sufficient
grounds and which, therefore, only seeks to annoy the
adversary. The hallmark of a vexatious proceeding is that
it has no basis in law (or at least no discernible basis);
and that whatever the intention of the proceeding may be,
H its only effect is to subject the other party to
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 247
inconvenience, harassment and expense, which is so A
great, that it is disproportionate to any gain likely to
accrue to the claimant; and that it involves an abuse of
process of the court. Such proceedings are different from
those that involve ordinary and proper use of the process
of the court. [Pa(a 17) [261-E-H] B
1.5 In the event that the appellant preferred an
application for the purpose of quashing the FIR lodged
by respondent no.1, and was unsuccessful therein, the
same does not mean that the appellant had filed a false
case against respondent No. 1. There is a difference C
between the terms 'not proved' and 'false'. Merely ·
because a party is unable to prove a fact, the same
cannot be categorized as false in each and every case.
[Para 13) [260-A-B]
D
A. Abdul Rashid Khan (dead) & Ors. v. P.A.K.A. Shahul
Hamid & Ors., 2000) 10 sec 636 - relied on.
2.1 The principle of issue-estoppel is also known as
'cause of act!on estoppel' and the same is different from E
the principle of double jeopardy or; autre fois acquit, as
embodied in s. 403 Cr.P.C (1898). This principle applies
where an issue of fact has been tried by a competent
court on a former occasion, and a finding has been
reached in favour of an accused. If the cause of action
was determined to exist, i.e., judgment was given on it, F
the same is said to be merged in the judgment. If it was
determined not to exist, the unsuccessful plaintiff can no
longer assert that it does; he is estopped per rem
judicatam. [Para 18) [262-A-B-F-G]
G
Manipur Administration, Manipur v. Thokchom, Bira
Singh 1964 (7) SCR 123 = AIR 1965 SC 87; Piara Singh
v. State of Punjab, 1969 (3) SCR 236 =AIR 1969 SC 961;
State of Andhra Pradesh v. Kokkiligada Meeraiah & Anr.,
1969 (2) SCR 626 =AIR 1970 SC 771; Masud Khan v. State H
248 SUPREME COURT REPORTS [2013) 1 S.C.R.
A of U.P., 1974 (1) SCR 793 =AIR 1974 SC 28; Ravinder
Singh v. State of Haryana, 1975 (3) SCR 453 =AIR 1975 SC
856; Kanhiya Lal Omar v. R.K. Trivedi & Ors., 1985 ( 3)
Suppl. SCR 1 = AIR 1986 SC 111; Bhanu Kumar Jain v.
Archana Kumar & Anr., AIR 2004 (6) Suppl.
B SCR 1104 = 2005 SC 626; and Swamy Atmananda and Ors.
v. Sri Ramakrishna Tapovanam and Ors., 2005 (3)
SCR 556 =AIR 2005 SC 2392; Shiv Shankar Singh v. State
of Bihar & Anr., 2011 (13) SCR 247 = (2012) 1 SCC 130;
Pramatha Nath Talukdar v. Saroj Ranjan Sarkar 1962 Suppl.
C SCR 297 =AIR 1962 SC 876; Jatinder Singh & Ors. v. Ranjit
Kaur 2001 (1) SCR 707 = AIR 2001 SC 784; Mahesh Chand
v. B. Janardhan Reddy & Anr., 2002 (4) Suppl.
SCR 566 = AIR 2003 SC 702; Poonam Chand Jain & Anr.
v. Fazru 2004 (5) Suppl. SCR 525 = AIR 2005 SC 38 -
referred to.
0
2.2 In the instant case, the complaint in dispute filed
by respondent no.1 is based on the ground that there has
been a false declaration by the appellant while filing the
second writ petition as he suppressed the truth that
E earlier for the same relief a writ petition had been filed and
it was done so to gain a legal advantage and, therefore,
it was a false, vexatious and malicious one attracting the
provisions of s. 3(1 )(viii) of the Act. The High Court while
dealing with the contempt case did not record such a
F finding. The first writ petition was dismissed in limine
while the second was dismissed in default. The issue of
filing a false affidavit has been dealt with by the High
Court in contempt case which respondent no.1 did not
press further. [Para 23) [264-G-H; 265-A-B]
G 2.3 So far as Contempt Case (Crl.) No.10 of 1007 is
concerned, the order of the High Court makes it crystal
clear that the appellant had been guided by his counsel,
namely, respondent no. 2, and further that the High Court
had accepted the unqualified apology tendered by
H
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 249
respondent no.2, and had decided to drop the said A
proceedings, as respondent no.1 did not wish to pursue
his remedy any further. The petition was disposed of, as
not pressed. The High Court has dealt with the issue
involved and the matter stood closed at the instance of
respondent no.1 himself. Therefore, there can be no B
justification whatsoever to launch criminal prosecution
on that basis afresh. [Para 6, 8 and 25) [256-H; 258-C-E;
266-B]
2.4 The facts on record make it evident that the land
on which both parties claim title/interest had initially been C
allotted under the 20 Point Programme of the Government
of India, to a member of the Schedule Caste community,
who transferred the same. The land further changed
hands and was finally sold to the appellant in the year
2005. Respondent No. 1, who at the relevant time was D
holding a very high position in the Central Government,
claimed that initial transfer by the original allottee was
illegal and further that as the said land had been
encroached upon by his father, he had a right to get his
name entered in the revenue record. Transfer by the E
original allottee at initial stage, even if illegal, would not
confer any right in favour of respondent no.1. Thus, he
adopted intimidatory tactics by resorting to revenue as
well as criminal proceedings against the appellant
without realising that even if the initial transfer by the F
original allottee was illegal, the land may revert back to
the Government and not to him merely because his father
had encroached upon the same. [Para 24) (265-C-F; G-
H]
2.5 The inherent power of the court in dealing with G
an extraordinary situation is in the larger interest of
administration of justice and for preventing manifest
injustice being done. Thus, it is a judicial obligation on
the court to undo a wrong in course of administration of
justice and to prevent continuation of unnecessary H
0
250 SUPREME COURT REPORTS [2013] 1 S.C.R.
A judicial process. It may be so necessary to curb the
menace of criminal prosecution as an instrument of
operation of needless harassment. A person cannot be
permitted to unleash vendetta to harass any person
needlessly. In such a fact-situation, the court must not
B hesitate to quash criminal proceedings. Ex debito justitiae
is inbuilt in the inherent power of the court and the whole
idea is to do real, complete and substantial justice for
which the courts exist. Thus, it becomes the paramount
duty of the court to protect an apparently innocent
c person, not to be subjected to prosecution on the basis
of wholly untenable complaint. Therefore, the judgments
of the High Court and the revisional court are set aside.
Order of the Metropolitan Magistrate dated 13.8.2009 is
restored. The complaint filed by respondent no.1 under
0 the provisions of s. 3(1 )(viii) of the Act is quashed; [Para
25] (266-8-F]
Chandrapa/ Singh & Ors. v. Maharaj Singh & Anr., AIR
1982 SC 1238 - relied on
E Smt. Somavanti & Ors. v. The State of Punjab & Ors.
1963 SCR 774 =AIR 1963 SC 151; Ba/labhdas Mathuradas
Lakhani & Ors. v. Municipal Committee, Malkapur, AIR 1970
SC 1002; Ambika Prasad Mishra v. State of U.P. & Ors., AIR
1980 SC 1762; and Director of Settlements, A.P. & Ors. v.
F M.R. Apparao & Anr., 2002 (2) SCR 661 =AIR 2002 SC
1598; The Direct Recruit Class-II Engineering Officers'
Association & Ors. v. State of Maharashtra & Ors., 1990 (2)
SCR 900 =AIR 1990 SC 1607; Daryao & Ors. v. State of
U.P. & Ors., 1962 SCR 574 = AIR 1961 SC 1457; and
G Forward Construction Co. & Ors. v. Prabhat Manda/ (Regd.),
Andheri & Ors. 1985 (3) Suppl. SCR 766 =AIR 1986 SC
391 - referred to
Case Law Reference:
H 2000 (1) SCR 1155 relied on Para 9
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 251
2010 (11) SCR 627 relied on Para 12 A
(2000) 1o sec 636 relied on Para 13
2000 (4) Suppl. SCR 248 relied on Para 14
2006 (9) Suppl. SCR 554 referred to para 15 B
2000 (5) Suppl. SCR 200 referred to Para 16
2003 (2) SCR 908 referred to Para 16
2000 (3) SCR 866 referred to Para 16
c
2003 (4) Suppl. SCR 587 referred to Para 16
1964 SCR 123 referred to Para 18
1969 (3) SCR 236 referred to Para 18
1969 (2) SCR 626 referred to Para 18 D
1974 (1) SCR 793 referred to Para 18
1975 (3) SCR 453 referred to Para 18
1985 (3) Suppl. SCR 1 referred to Para 18 E
2004 (6) Suppl. SCR 1104 referred to Para 18
2005 (3) SCR 556 referred to Para 18
2011 (13) SCR 247 referred to Para 19
F
1962 Suppl. SCR 297 referred to Para 19
2001 (1) SCR 707 referred to Para 19
2002 (4) Suppl. SCR 566 referred to Para 19
G.
2004 (5) Suppl. SCR 525 referred to Para 19
AIR 1982 SC 1238 relied on Para 20
1963 SCR 774 referred to para 21
AIR 1970 SC 1002 referred to para 21 H
252 SUPREME COURT REPORTS [2013) 1 S.C.R.
A AIR 1980 SC 1762 referred to para 21
2002 (2) SCR 661 referred to para 21
1990 (2) SCR 900 referred to para 22
1962 SCR 574 referred to para 22
B
1985 (3) Suppl. SCR 766 referred to para 22
CRIMINAL AP PELLATE JURISDICTION : Criminal Appeal
No. 67 of 2013.
c From the Judgment & Order dated 14.12.2011 of the High
Court of Delhi at New Delhi in Cr.M.C. No. 1262 of 2011.
Shekhar Naphade, Shubhangi Tuli, Parvinder Chouhan for
the Appellant.
D
Rakesh Khanna, ASG, Mukul Sharma, Prasoon Kumar,
V.K. Sidharthan, Vivek Narayan Sharma, Raji Joseph, D.S.
Mahra, B.V. Balaram Das, Abhishek Atrey for the Respondents.
The Judgment of the Court was delivered by
E
DR. 8.5. CHAUHAN, J. 1. This appeal has been
preferred against the impugned judgment and order dated
14.12.2011, passed by the High Court of Delhi in Crl.M.C. No.
1262 of 2011, by way of which the High Court has dismissed
F the said application preferred by the appellant for quashing the
criminal proceedings launched by respondent no. 1 under
Section 3(1 )(viii) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (hereinafter referred to as
the 'Act 1989').
G 2. Facts and circumstances giving rise to this appeal are
that:
A. The appellant claims to be the owner of agricultural land
measuring 1 bigha and 4 biswas, situated in the revenue estate
H of village Nangli Poona, Delhi. Respondent no.1 allegedly
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 253
[DR. B.S. CHAUHAN, J.]
made an attempt to take forcible possession of the said land, A
and also filed FIR No. 254 of 2005 on 6.4.2005 under Sections
427, 447 and 506, read with Section 34 of the Indian Penal
Code, 1860 (hereinafter referred to as the 'IPC'). Though the
appellant was arrested in pursuance of the said FIR; however,
subsequently he was enlarged on bail. B
B. Aggrieved, the appellant filed a complaint against
respondent no.1, as well as against the police officials involved
and in view thereof, FIR No.569 of 2005 under Sections 447,
323, 429 and 34 IPC was registered. The appellant engaged
one Pradeep Rana, Advocate, respondent no.2 and filed Writ C
Petition (Crl.) No. 1667 of 2005, inter-alia, seeking a direction
for quashing of FIR No. 254 of 2005. The said writ petition was
dismissed in limine vide order dated 29.9.2005. In the
meantime, ,in the criminal proceedings launched by the
appellant, a charge sheet was filed against respondent no.1 in D
December, 2005.
C. After investigating the allegations made in FIR No. 254
of 2005 against the appellant, the police submitted a final report
dated 20.2.2006, under Sections 173 and 169 of the Code of E
Criminal Procedure, 1973 (hereinafter referred to as the
'Cr.P.C.'), in the court of the Metropolitan Magistrate, Delhi.
Respondent no.1 approached the revenue authorities i.e.
Tahsildar, Narela, seeking the inclusion of his name in the
revenue record as a person in possession/occupation of the F
said land. However, his claim was rejected by the Tahsildar vide
order dated 22.6.2006.
D. It is at this time, Writ Petition (Crl.) No. 2657 of 2006
was filed in the name of the appellant by Pradeep Rana,
respondent no.2 as counsel on 18.11.2006, on the basis of the G
averments made in the first writ petition i.e. Writ Petition (Crl.)
No. 1667 of 2005, and seeking the same relief sought therein.
The said writ petition was dismissed in default vide order dated
17.8.2007. Meanwhile, respondent no.1 tried to get his name
recorded in the revenue record as being in cultivatory H
254 SUPREME COURT REPORTS [2013] 1 S.C.R.
A possession, but the same was rejected again by the Tahsildar,
Narela, vide order dated 13.8.2007.
E. Respondent no.1 filed another complaint under Section
107/150 Cr.P.C. on 18.9.2007, and filed a fresh FIR No.16 of
2007 on 21.9.2007 under Sections 379, 427 and 34 IPC, and
8
subsequently added the provisions of Section 3(1 )(v) of the Act
1989. Respondent no.1 also filed an appeal against the order
of the Tahsildar, rejecting his application made for the purpose
of recording his name in the revenue records.
C F. Respcndent no.1 also filed Contempt Case (Crl.) No.10
of 2007 before the High Court of Delhi against the appellant
for filing two criminal writ petitions seeking the same relief, and
for not disclosing the fact that he had filed the first writ petition,
while filing the second writ petition, owing to which, the said writ
D petition stood dismissed in default vide order dated 17.8.2007.
G. On receiving notice from ·the High Court, the appellant
filed a reply expressing his ignorance regarding the filing of the
second criminal writ petition, and further stated that he was an
E illiterate person, owing to which, he had given all requisite
papers to Pradeep Rana, Advocate, respondent no. 2, and that
respondent no.2 might have filed the said petition, in collusion
with respondent no.1. Notice was then issued to Pradeep
Rana, respondent no.2 by the High Court, who appeared and
tendered an apology for filing the second petition, without
F disclosing such facts pertaining to the filing and dismissal of
the first petition.
H. The appellant filed a complaint before the Bar Council
of Delhi against respondent no.2 for filing the second writ
G petition in collusion with respondent no.1 on 15.12.2008. The
High Court accepted the version of events submitted by the
appellant, and simultaneously, also the apology tendered by
respondent no.2 and thereafter, it closed the said criminal
proceedings at the instance of respondent no.1, vide order
H dated 16.2.2009.
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 255
[DR. B.S. CHAUHAN, J.]
I. After a period of six months thereof, respondent no.1 filed A
a criminal complaint under Section 3(1 )(viii) of the Act 1989,
for the filing of a false criminal writ petition by the appellant in
the High Court of Delhi, and further and more particularly, the
second writ petition, without disclosing the factum of filing and
dismissal of the aforementioned first writ petition. The B
Metropolitan Magistrate rejected the said complaint vide order
dated 13.8.2009 on the ground that the High Court had closed
the contempt proceedings initiated against the appellant, as
well as against respondent no.2, at the instance of respondent
no.1. c
J. Aggrieved, respondent no.1 filed Revision Petition
No.23 of 2009 before the ASJ, Rohini Court, Delhi. As regards
FIR No. 16 of 2007, the Special Judge (SC/ST) refused to
proceed against the appellant and others, making serious
comments regarding the conduct of respondent no.1, as well D
as that of the investigating officer. The revision petition filed by
respondent no.1 against order dated 13.8.2009, was allowed
by the revisional court vide order dated 25.10.2010, which was
then challenged by the appellant, before the High Court by way
of him filing a petition under Section 482 Cr.P.C. as Crl.M.C. E
No.1262 of 2011, which has been dismissed by impugned
judgment and order dated 14.12.2011.
'
Hence, this appeal.
3. Shri Shekhar Naphade, learned senior counsel F
appearing on behalf of the appellant, has submitted that filing
the instant complaint case amounts to abuse of process of the
court. The criminal complaint is barred by the principle of issue
estoppal, as the same issue has been fully adjudicated by the
High Court in a criminal contempt case before it, and the High G
Court was fully satisfied that the fault lay _in the actions of
. Pradeep Rana, respondent no.2, counsel for the appellant. The
High Court even accepted the apology of the respondent no.2
thereafter, and closed the said criminal proceedings at the
instance of respondent no.1. As the issue has already been H
256 SUPREME COURT REPORTS [2013] 1 S.C.R.
A adjudicated, and finally closed by the High Court, the Magistrate
court cannot sit in appeal against the said order passed by the
High Court, closing the said case of criminal contempt, as the
subject matter and allegations of the case before him, are
verbatim and have already been adjudicated.
B
To invoke the provisions of the Act 1989, it is not enough
that the complainant belongs to a Scheduled Caste or
Scheduled Tribe, as it must further be established that the
alleged offence was committed with the intention to cause harm
C to the person belonging to such category. Moreover, the term
false, malicious and vexatious proceedings must be
understood in a strictly legal sense and hence, intention (mens
rea), to cause harm to a person belonging to such category
must definitely be established. Where genuine civil matter is
sub-judice, and parties are settling their disputes in revenue
D courts, such proceedings must not be entertained. The High
Court therefore, committed an error in rejecting the application
for quashing criminal proceedings.
4. Per contra, Shri Mukul Sharma, learned counsel
E appearing for respondent no.1, has defended the impugned
judgment and order and submitted that the findings recorded
in the case of criminal contempt cannot preclude respondent
no.1 from initiating such criminal proceedings and that whether
the same are false, malicious and vexatious, is yet to be
F established during trial. This is not the stage where any
inferenc~ in this regard can be drawn. Furthermore, pendency
of the issue regarding the ownership of the said land before
the revenue court, is no bar so far as criminal proceedings are
concerned. Thus, the appeal is liable to be dismissed.
G 5. We have considered the rival submissions, and heard
both, Shri Rakesh Khanna, learned ASG for the State of Delhi,
and Shri Prasoon Kumar, Advocate, for respondent no.2, and
have also perused the record.
H 6. So far as Contempt Case (Crl.) No.1 O of 1007 is
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 257
[DR. B.S. CHAUHAN, J.]
concerned, it is evident that the appellant, after becoming aware A
of the fact that a second writ petition was filed in his name, filed
a complaint before the Bar Council of Delhi, through its
Secretary against respondent no.2 on 29.12.2007 (Annx. P/11 ),
wherein it was stated that the said second writ petition No.
1667 of 2005 was filed without his instructions, using papers B
signed by him in good faith, in the office of respondent no.2, at
his instance. Upon considering the reply of the appellant, the
High Court issued notice to Pradeep Rana, Advocate,
respondent no.2 in Contempt Case (Crl.) No. 10 of 2007, and
thereafter, respondent no.2 filed his reply, wherein he submitted c
that even though the second writ petition was filed on the
instructions of the appellant, however, he inadvertently, failed
to mention the fact that he had filed the earlier writ petition and
that the same had been dismissed, for which he tendered
absolute and unconditional apology. 0
7. The High Court, vide judgment and order dated
16.2.2009 disposed of the said contempt proceedings. The
order reads as under:
"Learned counsel for Ravinder Singh admits that Crl. Writ E
Petition No. 1667/2005 and Crl. Writ Petition No.2657/
2006 were filed under his signatures but states that he
being r.ot well-versed in English would sign the petition and
supporting affidavits in Hindi and that he was being guided
by his counsel with respect to the contents of the petition. F
Mr. Pradeep Rana, learned counsel for Mr. Ravinder
Singh express his regrets and tenders an unqualified
apology for filing two identical petitions one after the other
and not disclosing in the second petition that the first
petition was filed and was dismissed. G
Keeping in view the young age of Mr. Pradeep
Rana, learned counsel for the petitioner states that in view
of the fact that Mr. Ravinder Singh has admitted that both
petitions were filed under his signatures and given an H
258 SUPREME COURT REPORTS f2013J 1 S.C.R.
A explanation as to what had happened, the petitioner
does not want to pursue the remedy against the
counsel, the instant petition may be disposed of as
not pressed.
We dispose of the petition as not pressed."
B
(Emphasis added)
8. The aforesaid order hence, makes it crystal clear that
the High Court was satisfied that the appellant had been guided
c by his counsel and that he himself was not well-versed with the
English language and had also filed his supporting affidavit in
Hindi and further that it had accepted the unqualified apology
tendered by Pradeep Rana, respondent no.2, and that
considering the fact that the advocate was of a young age, even
0 though both petitions had been filed under the signature of the
appellant, it had decided to drop the said proceedings, as
respondent no.1 did not wish to pursue his remedy any further.
Hence, the petition was disposed of, as the same was not
pressed.
E 9. In Masumsha Hasanasha Musa/man v. State of
Maharashtra, AIR 2000 SC 1876, this Court has dealt with the
application of the provisions of the Act 1989, and held that
merely because the victim/complainant belongs to a Scheduled
Caste or Scheduled Tribe, the same cannot be the sole ground
F for prosecution, for the reason that the offence mentioned under
the said Act 1989 should be committed against him on the
basis of the fact that such a person belongs to a Scheduled
Caste or Scheduled Tribe. In the absence of such ingredient,
no offence under Section 3 (2)(v) of the Act is made out.
G
10. Section 3(1)(viii) of the Act 1989 reads as under:
"Punishment for offences of atrocities:(1) Whoever, not
being a member of Scheduled Caste or a Scheduled
Tribe,-
H
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 259
[DR. B.S. CHAUHAN, J.]
(i) xx xx )()( A
(viii) institutes false, malicious or vexatious suit or criminal
or other legal proceedings against a member of a
Scheduled Caste or a Scheduled Tribe;
(ix) xx xx xx B
shall be punishable with imprisonment for a term which
shall not be less than six months but which may extend to
five years and with fine."
11. The dictionary meaning of word 'false' means that,
c
which is in essence, incorrect, or purposefully untrue, deceitful
etc. Thus, the word 'false', is used to cover only unlawful
falsehood. It means something that is dishonestly, untrue and
deceitful, and implies an intention to perpetrate some treachery
or fraud. In jurisprudence, the word 'false' is used to 0
characterise a wrongful or criminal act, done intentionally and
knowingly, with knowledge, actual or constructive. The word
false may also be used in a wide or narrower sense. When
. used in its wider sense, it means something that is untrue
whether or not stated intentionally or knowingly, but when used E
in its narrower sense, it may cover only such falsehoods, which
are intentional. The question whether in a particular enactment,
the word false is used in a restricted sense or a wider sense,
depends upon the context in which it is used.
F
12. In Commissioner of Sa/es Tax, Uttar Pradesh v.
Sanjiv Fabrics, (2010) 9 SCC 630, this Court, after relying upon
certain legal dictionaries, explained that the word false
describes an untruth, coupled with wrong intention or an
intention to deceive. The Court further held that in case of G
criminal prosecution, where consequences are serious, findings
of fact must be recorded with respect to mens rea in case a
falsehood as a condition precedent for imposing any
punishment.
H
260 SUPREME COURT REPORTS [2013] 1 S.C.R.
A 13. In the event that the appellant preferred an application
for the purpose of quashing the FIR lodged by respondent no.1,
and was unsuccessful therein, the same does not mean that
the appellant had filed a false case against respondent No. 1.
There is a difference between the terms 'not proved' and 'false'.
B Merely because a party is unable to prove a fact, the same
cannot be categorized as false in each and every case. (Vide:
A. Abdul Rashid Khan (dead) & Ors. v. P.A.K.A. Shahul
Hamid & Ors., (2000) 10 SCC 636).
14. Legitimate indignation does riot fall within the ambit of
C a malicious act. In almost all legal inquiries, intention as
distinguished from motive is the all important factor. In common
parlance, a malicious act has been equated with an intentional
act without just cause or excuse. (Vide: Kumaon Manda/ Vikas
Nigam Ltd. v. Girja Shankar Pant & Ors., AIR 2001 SC 24).
D
15. In West Bengal State Electricity Board v. Dilip Kumar
Ray, AIR 2007 SC 976, this Court dealt with the term "malicious
prosecution" by referring to various dictionaries etc. as :
'Malice in the legal sense imports (1) the absence of all
E
elements of justification, excuse or recognised mitigation,
and (2) the presence of either (a) an actual intent to cause
the particular harm which is produced or harm of the same
general nature, or (b) the wanton and wilful doing of an act
with awareness of a plain and strong likelihood that such
F harm may result.
'MALICE' consists in a conscious violation of the law
to the prejudice of another and certainly has different
meanings with respect to responsibility for civil wrongs and
G responsibility for crime.
Malicious prosecution means - a desire to obtain a
collateral advantage. The principles to be borne in mind
in the case of actions for malicious prosecutions are
these:-Malice is not merely the doing of a wrongful act
H
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 261
[DR. B.S. CHAUHAN, J.)
intentionally but it must be established that the defendant A
was actuated by ma/us animus, that is to say, by spite or
ill will or any indirect or improper motive. But if the
defendant had reasonable or probable cause of launching
the criminal prosecution no amount of malice will make him
liable for damages. Reasonable and probable cause must B
be such as would operate on the mind of a discreet and
reasonable man; 'malice' and 'want of reasonable and
probable cause,' have reference to the state of the
defendant's mind at the date of the initiation of criminal
proceedings and the onus rests on the plaintiff to prove c
them~
16. Mala fides, where it is alleged, depends upon its own
facts and circumstances, in fact has to be proved. It is a
deliberate act in disregard of the rights of others. It is a wrongful
act done intentionally without just cause or excuse. (See : State D
of Punjab v. V.K. Khanna & Ors., AIR 2001 SC 343; State of
A.P. & Ors. v. Goverdhan/al Pitti, AIR 2003 SC 1941; Prabodh
Sagar v. Punjab SEB & Ors., AIR 2000 SC 1684; and
Chairman and MD, BPL Ltd. v. S.P. Gururaja & Ors., AIR 2003
SC 4536). E
17. The word "vexatious" means 'harassment by the
process of law', 'lacking justification' or with 'intention to harass'.
It signifies an action not having sufficient grounds, and which
therefore, only seeks to annoy the adversary. F
The hallmark of a vexatious proceeding is that it has no
basis in law (or at least no discernible basis); and that whatever
the intention of the proceeding may be, its only effect is to
subject the other party to inconvenience, harassment and
expense, which is so great, that it is disproportionate to any G
gain likely to accrue to the claimant; and that it involves an
abuse of process of the court. Such proceedings are different
from those that involve ordinary and proper use of the process
of the court.
H
262 SUPREME COURT REPORTS [2013] 1 S.C.R.
A 18. The principle of issue-estoppal is also known as 'cause
of action estoppal' and the same is different from the principle
of double jeopardy or; autre fois acquit, as embodied in Section
403 Cr.P.C. This principle applies where an issue of fact has
been tried by a competent court on a former occasion, and a
B finding has been reached in favour of an accused. Such a
finding would then constitute an estoppal, or res judicata
against the prosecution but would not operate as a bar to the
trial and conviction of the accused, for a different or distinct
offence. It would only preclude the reception of evidence that
C will disturb that finding of fact already recorded when the
accused is tried subsequently, even for a different offence,
which might be permitted by Section 403(2) Cr.P.C. Thus, the
rule of issue estoppel prevents re-litigation of an issue which
has been determined in a criminal trial between the parties. If
with respect to an offence, arising out of a transaction, a trial
0 has taken place and the accused has been acquitted, another
trial with respect to the offence alleged to arise out of the
transaction, which requires the court to arrive at a conclusion
inconsistent with the conclusion reached at the earlier trial, is
prohibited by the rule of issue estoppel. In order to invoke the
E rule of issue estoppel, not only the parties in the two trials
should be the same but also, the fact in issue, proved or not,
as present in the earlier trial, must be identical to what is sought
to be re~agitated in the subsequent trial. If the cause of action
was determined to exist, i.e., judgment was given on it, the
F same is said to be merged in the judgment. If it was determined
not to exist, the unsuccessful plaintiff can no longer assert that
it does; he is estopped per rem judicatam. (See: Manipur
Administration, Manipur v. Thokchom, Bira Singh, AIR 1965
SC 87; Piara Singh v. State of Punjab, AIR 1969 SC 961;
G State of Andhra Pradesh v. Kokkiligada Meeraiah & Anr., AIR
1970 SC 771; Masud Khan v. State of U.P., AIR 1974 SC 28;
Ravinder Singh v. State of Haryana, AIR 1975 SC 856;
Kanhiya Lal Omar v. R.K. Trivedi & Ors., AIR 1986 SC 111;
Bhanu Kumar Jain v. Archana Kumar & Anr., AIR 2005 SC
H
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 263
[DR. B.S. CHAUHAN, J.]
626; and Swamy Atmananda and Ors. v. Sri Ramakrishna A
Tapovanam and Ors., AIR 2005 SC 2392).
19. While considering the issue at hand in Shiv Shankar
Singh v. State of Bihar & Anr., (2012) 1 SCC 130, this Court,
after considering its earlier judgments in Pramatha Nath
Ta/ukdar v. Saroj Ranjan Sarkar AIR 1962 SC 876; Jatinder
8
Singh & Ors. v. Ranjit Kaur AIR 2001 SC 784; Mahesh
Chand v. B. Janardhan Reddy & Anr., AIR 2003 SC 702;
Poonam Chand Jain & Anr. v. Fazru AIR 2005 SC 38 held:
"It is evident that the law does not prohibit filing or C
entertaining of the second complaint even on the same
facts provided the earlier complaint has been decided on
the basis of insufficient material or the order has been
passed without understanding the nature of the complaint
or the complete facts could not be placed before the court o
or where the complainant came to know certain facts after
disposal of the first complaint which could have tilted the
balance in his favour. However, second complaint would
not be maintainable wherein the earlier complaint has been
disposed of on full consideration of the case of the E
complainant on merit."
20. In Chandrapa/ Singh & Ors. v. Maharaj Singh & Anr.,
AIR 1982 SC 1238, this court has held that it is equally true
that chagrined and frustrated litigants should not be permitted
to give vent to their frustration by enabling them to invoke the F
jurisdiction of criminal courts in a cheap manner. In such a fact-
situation, the court must not hesitate to quash criminal
proceedings.
21. There can be no dispute with respect to the settled G
legal proposition that a judgment of this Court is binding,
particularly, when the same is that of a co-ordinate bench, or
of a larger bench. It is also correct to state that, even if a
particular issue has not been agitated earlier, or a particular
argument was advanced, but was not considered, the said H
264 SUPREME COURT REPORTS [2013] 1 S.C.R.
A judgment does not lose its binding effect, provided that the point
with reference to which an argument is subsequently advanced,
has actually been decided. The decision therefore, would not
lose its authority, "merely because it was badly argued,
inadequately considered or fallaciously reasoned". The case
8 must be considered, taking note of the ratio decidendi of the
same i.e., the general reasons, or the general grounds upon
which, the decision of the court is based, or on the test or
abstract, of the specific peculiarities of the particular case,
which finally gives rise to the decision. (Vide: Smt. Somavanti
C & Ors. v. The State of Punjab & Ors., AIR 1963 SC 151;
Ballabhdas Mathuradas Lakhani & Ors. v. Municipal
Committee, Ma/kapur, AIR 1970 SC 1002; Ambika Prasad
Mishra v. State of U.P. & Ors., AIR 1980 SC 1762; and Director
of Settlements, A.P. & Ors. v. M.R. Apparao & Anr., AIR 2002
D SC 1598).
22. In The Direct Recruit Class-// Engineering Officers'
Association & Ors. v. State of Maharashtra & Ors., AIR 1990
SC 1607, a Constitution Bench of this Court has taken a similar
view, observing that the binding nature of a judgment of a court
E of competent jurisdiction, is in essence a part of the rule of law
on the basis of which, administration of justice depends.
Emphasis on this point by the Constitution is well founded, and
a judgment given by a competent court on merits must bind all
parties involved until the same is set aside in appeal, and an
F attempted change in the form of the petition or in its grounds,
cannot be allowed to defeat the plea. (See also.: Daryao & Ors.
v. State of U.P. & Ors., AIR 1961 SC 1457; and Forward
Construction Co. & Ors. v. Prabhat Manda/ (Regd.), Andheri
& Ors. AIR 1986 SC 391).
G 23. The instant case is required to be decided taking into
consideration the aforesaid settled legal propositions.
The complaint in dispute filed by the respondent no.1 is
based on the ground that there has been a false declaration
H by the appellant while filing the second writ petition as he
RAVINDER SINGH v. SUKHBIR SINGH & ORS. 265
[DR. B.S. CHAUHAN, J.]
suppressed the truth that earlier for the same relief a writ petition A
had been filed and it was done so to gain a legal advantage
and therefore, it was a false, vexatious and malicious one
attracting the provisions of Section 3(1 )(viii) of the Act 1989.
The High Court while dealing with the contempt case did not
record such a finding. The first writ petition was dismissed in B
limine while the second was dismissed in default. The issue
of filing a false affidavit has been dealt with by the High Court
in contempt case which the respondent no.1 did not press
further.
24. The facts on record make it evident that the land on C
which both parties claim title/interest had initially been allotted
to one Anant Ram, a member of the Schedule Caste
community, under the 20 Point Programme of the Government
of India (Poverty Elevation Programme) and he sold it to one
Ram Lal Aggarwal in the year 1989, who further transferred it D
to his son Anil Kumar Aggarwal in the year 1990. Anil Kumar
Aggarwal sold the same to appellant Ravinder Singh in the year
2005. Respondent No. 1, who at the relevant time was holding
a very high position in the Central Government, claimed that
initial transfer by Anant Ram, the original allottee, in favour of E
Ram Lal Aggarwal was illegal and he could not transfer the land
allotted to him by the Government under Poverty Elevation
Programme and further that as the said land had been
encroached upon by his father, he had a right to get his name
entered in the revenue record. Thus, it is clear that the F
respondent no. 1, became the law unto himself and assumed
the jurisdiction to decide the legal dispute himself to which he
himself had been a party being the son of a rank trespasser.
Transfer by the original allottee at initial stage, even if illegal,
would not confer any right in favour of the respondent no.1. Thus, G
he adopted intimidatory tactics by resorting to revenue as well
as criminal proceedings against the appellant without realising
that even if the initial transfer by the original allottee Anant Ram
was illegal, the land may revert back to the Government, and
H
266 SUPREME COURT REPORTS [2013) 1 S.C.R.
A not to him merely because his father had encroached upon the
same.
25. The High Court has dealt with the issue involved herein
and the matter stood closed at the instance of respondent no.1
himself. Therefore, there can be no justification whatsoever to
8
launch criminal prosecution on that basis afresh. The inherent
power of the court in dealing with an extraordinary situation is
in the larger interest of administration o'f justice and for
preventing manifest injustice being done. Thus, it is a judicial
obligation on the court to undo a wrong in course of
C administration of justice and to prevent continuation of
unnecessary judicial process. It may be so necessary to curb
the menace of criminal prosecution as an instrument of
operation of needless harassment. A person cannot be
permitted to unleash vendetta to harass any person needlessly.
D Ex debito justitiae is inbuilt in the inherent power of the court
and the whole idea is to do real, complete and substantial
justice for which the courts exist. Thus, it becomes the
paramount duty of the court to protect an apparently innocent
person, not to be subjected to prosecution on the basis of
E wholly untenable complaint.
In view of the above, the judgment of the High Court
impugned herein dated 14.12.2011 as well as of the Revisional
Court is set aside. Order of the Metropolitan Magistrate dated
F 13.8.2009 is restored. The complaint filed by respondent no.1
under the provisions of Section 3(1)(viii) of the Act 1989 is
hereby quashed. The appeal is thus allowed.
Before parting with the case, it may be necessary to
observe that any of the observations made herein shall not
G affect by any means either of the parties in any civil/revenue
case pending before an appropriate authority/court.
R.P. Appeal allowed.
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