A 2-judge bench of Supreme Court held that Counterblast cases/proceedings must be quash as per Category 7 of Bhajan Lal judgment here. It held as follows in Para 10.
MS Eicher Tractors Ltd and Ors Vs Harihar Singh and Anr on 7 Nov 200810. The case at hand squarely falls within the parameters indicated in category (7) of Bhajan Lal’s case (supra). The factual scenario as noted above clearly shows that the proceedings were initiated as a counterblast to the proceedings initiated by the appellants. Continuance of such proceedings will be nothing but an abuse of the process of law. Proceedings are accordingly quashed.
Citations : [2009 JCC 1 260], [2009 LW CRL 1 284], [2008 SCALE 15 60], [2008 SCALE 14 1], [2008 SCC 16 763], [2009 BC 1 193], [2009 SLT 1 576], [2009 OCR 42 139], [2008 AIOL 1268], [2009 CRIMES SC 1 144], [2008 JT 12 661], [2008 SCR 16 7], [2008 SUPREME 8 559], [2010 SCC CRI 4 425], [2009 ECRN SC 1 422], [2009 AIC SC 73 198]
Other Sources :
https://indiankanoon.org/doc/312043/
https://www.casemine.com/judgement/in/5609ae6de4b0149711413d41
