Supreme Court of India · 2000-12-15
Lalmuni Devi vs State Of Bihar & Ors
- Citation / case number
- 2001 SCC (CRI) 275
- Court
- Supreme Court of India
- Petitioner
- Lalmuni Devi
- Respondent
- State Of Bihar & Ors
- Bench
- M.B.Shah, S.N.Variava
Judgment text excerpt
The Supreme Court held that a complaint can constitute both a civil wrong and a criminal liability, and the existence of a civil remedy does not preclude the maintenance of a criminal complaint. The Court referenced Section 482 of the Code of Criminal Procedure, emphasizing that quashing a complaint solely on the basis that it spells out a civil wrong constitutes an abuse of process. The Court set aside the High Court's order quashing the complaint and directed the trial court to proceed with the case in accordance with law.