In CRIMINAL APPEAL No. 675 OF 2019, Md. Allauddin Khan vs The State of Bihar, two accused were summoned by the Magistrate in a complaint alleging offence under Sections 323, 379 read with Section 34 of the Indian Penal Code. The High Court quashed the criminal proceedings against them on the ground that since there was a dispute pending between the parties in the Civil Court in relation to a shop as being landlord and tenant, it is essentially a civil dispute between the parties.
On appeal, the Supreme Court held that while the High Court had referred to the judgment in State of Haryana & Ors. vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604), the court had failed to apply the principle laid down therein to the facts of this case. The High Court failed to see that mere pendency of a civil suit is not an answer to the question as to whether a case under Sections 323, 379 read with Section 34 IPC is made out against respondent Nos. 2 and 3 or not.
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