VidhiSangh

Supreme Court of India · 11/08/2022

WYETH LIMITED & ORS. versus STATE OF BIHAR & ANR.

[2022] 6 S.C.R. 1132 · 2022 INSC 1316

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Summary

After a pharmaceutical company ended its carrying and forwarding agency, it sued the agent in the Bombay High Court and filed a criminal complaint against it. The agent then filed a private complaint, which the Patna Magistrate forwarded to the police under Section 156(3) CrPC. An FIR followed, and later a charge-sheet. The Patna High Court dismissed the company's quashing petition under Section 482 because a charge-sheet had been filed. The Court held that the complaint, even if wholly true, disclosed only a broken commercial relationship and none of the offences alleged. Where proceedings arise from a private complaint, the complainant cannot enlarge it through the charge-sheet or by using penal language. The complaint was also a counterblast to the company's suit and complaint. The FIR and charge-sheet were quashed.

Issues

  1. Whether a private complaint by a former carrying and forwarding agent disclosed any offence, so that the FIR and charge-sheet arising from it should be quashed under Section 482 CrPC.
  2. Whether the High Court could dismiss the quashing petition merely because a charge-sheet had been filed, ignoring a pending application to bring it on record and challenge it.

Provisions considered

Held

Result

Appeal allowed. The High Court's order is set aside and the FIR and charge-sheet against the appellants are quashed; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 1132.