New Delhi:
There is a growing tendency among litigants to give civil cases the colour and complexion of criminal cases in the likelihood of imminent settlement, a Delhi court has said while refusing to proceed in a complaint case.
This observation was made by Additional Chief Metropolitan Magistrate Sharad Gupta while dismissing a plea filed by a shopkeeper who had sought summoning of his shop's owner and others for allegedly threatening him.
"It is generally noticed that a civil dispute is given the colour and complexion of a criminal case. The present case is stark example of such a growing tendency amongst the litigants, where civil cases are converted into criminal ones on a complete afterthought," the court said.
Citing a Supreme Court judgement, it said, "There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement."
"Any effort to settle civil disputes and claims, which do not involve any criminal prosecution, should be deprecated and discouraged," it said.
The court said there was no sufficient ground to proceed on the complaint as complainant Jafruddin failed to substantiate his allegation that he was criminally intimidated by his shop owner and others.
In his plea, Delhi resident Jafruddin alleged that he had approached the police with a complaint that owner of his shop broke the locks and took away goods worth Rs 3 lakh in August, 2010.
He also alleged that his shop was demolished by them and thereafter he was threatened but police did not lodge any case on his complaint.
During the adjudication of his plea, the court had called for status report from the police in which it was stated that his shops was demolished by the Municipal Corporation of Delhi during a demolition drive and no offence was found to be committed.
While dismissing his plea, the court said, "In the case at hand, the parties are at dispute over a tenanted shop. This is very much admitted by the complainant. Naturally enough, the complainant is inimical towards the accused."