Disputed Questions of Fact Based on Evidence Cannot be Adjudicated in Section 482 Quashing Proceedings

The petitioner sought to quash the cognizance order dated 27.11.2018 passed by the ACJM VI, Danapur, in Traffic P.S. Case No. 38/2015.

The prosecution case, initiated by a 2015 FIR, alleged that the petitioner rode a motorcycle (No. BR-01BJ/6269) in a rash and negligent manner, hitting the informant on Bailey Road and causing injuries.

The petitioner argued the case was a malicious retaliation for a criminal case he had filed against the informant on the preceding day due to an ongoing land dispute.

1. Whether the criminal proceedings against the petitioner should be quashed under Section 482 of the CrPC on the grounds of being maliciously instituted due to private enmity.

Sections 279 (rash driving), 337 (causing hurt by endangering life), and 338 (causing grievous hurt) of the Indian Penal Code.

State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335], specifically Para 102, which outlines the categories of cases where inherent powers under Section 482 of the CrPC or Article 226 can be exercised to prevent the abuse of the process of law, including cases attended with mala fides or those instituted for wreaking vengeance.

The court observed that while the petitioner alleged malicious intent due to previous litigation, the motorcycle involved was registered in the petitioner's name.

The court reasoned that since the informant/injured party supported the occurrence in his version, there was no apparent reason to disbelieve the allegations at the preliminary stage.

Referring to the Bhajan Lal guidelines, the court noted that quashing is not warranted when the allegations, if taken at face value, constitute a prima facie offence.

The court determined that the truth of the "malicious prosecution" defense and disputed facts regarding evidence must be tested during the trial rather than in a quashing petition.

The court directed the trial court to conclude the proceedings expeditiously, noting the incident dates back to 2015.