"Kalyugi Bharat": HC Quashes Criminal Case Filed By A Man To ‘Wreak Vengeance’ Against Elder Brother

The Allahabad High Court criticised the conduct of a man for filing a false criminal case against his elder brother to ‘wreak vengeance’. The Court was hearing an application seeking to quash a charge- sheet under Section 406 I.P.C, cognizance as well as summoning order passed in a Criminal Case. The bench of Justice Saurabh Shyam Shamshery observed, “…present criminal proceedings was initiated by the complainant only for purpose of wrecking vengeance.”

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UP: The Allahabad High Court strongly condemned the actions of a man who filed a false criminal case against his elder brother out of personal vendetta. The court was hearing a petition aimed at quashing a charge sheet filed under Section 406 of the Indian Penal Code (IPC), as well as the cognizance and summoning order issued in a related criminal case.

Justice Saurabh Shyam Shamshery, while presiding over the matter, expressed his views in no uncertain terms, stating,

“…present criminal proceedings was initiated by the complainant only for purpose of wrecking vengeance.”

In this case, Advocate Avanish Kumar Shukla represented the appellant, while Government Advocate Dinesh Kumar Singh appeared on behalf of the respondent.

Brief Facts of the Case

The case revolves around two brothers who became embroiled in a legal conflict after their father’s demise. The complainant, who happens to be a lawyer, accused his elder brother of criminal breach of trust for failing to return Rs. 2.20 lakhs.

Furthermore, the elder brother was also accused of withdrawing funds from a joint account with their father, based on a disputed will. Following these allegations, a First Information Report (FIR) was lodged, and a charge sheet under Section 406 of the IPC was filed.

Although the brothers attempted to negotiate a settlement, multiple attempts failed, prompting the court to move forward with a final hearing.

Court’s Observations

The court provided crucial legal insights into the elements required to establish an offence under Section 406 IPC, which deals with criminal breach of trust. The court pointed out that for an offence to be established under this section, there must be evidence of “entrustment with property” that was dishonestly misappropriated or converted for personal use, thereby violating either the law or a legal contract.

However, in this particular case, the court observed that the proceedings were initiated by the complainant not to seek justice but to exert pressure on his elder brother in order to negotiate a personal dispute related to a will in which the complainant was not a beneficiary.

The court further emphasized that the complainant was attempting to use the legal system to harass his elder brother by disguising what was essentially a civil dispute as a criminal matter.

Justice Shamshery remarked,

“not only the ingredients of Section 406 I.P.C. are not made out but proceedings are also creatures of malafides and were initiated only to harass the applicant by giving the cloak of a criminal case to a dispute which was essentially of a civil nature.”

"Kalyugi Bharat": HC Quashes Criminal Case Filed By A Man To ‘Wreak Vengeance’ Against Elder Brother

Court’s Final Decision

Consequently, the Allahabad High Court quashed the entire proceedings arising out of the charge sheet filed under Section 406 IPC, along with the cognizance and summoning orders that had been passed by the lower court.

The bench highlighted that the complainant’s actions were far from the ideal of brotherly love and sacrifice depicted in Indian mythology. In a sharp remark, the court stated-

“…we always cherish sacrifice of the Bharat, younger brother of the Bhagwan Shri Ram but the complainant for his conduct towards his elder brother could be termed as a ‘Kalyugi Bharat’.”

The court thus allowed the application, bringing an end to the legal proceedings initiated against the elder brother.