Short Note : 1. This appeal has been filed by the plaintiff-appellant against judgment and decree passed by the Second Additional District Judge, Gwalior, dated 28th February, 1968 in Civil Appeal No. 5-B/1967; whereby the judgment and decree passed by the Additional Civil Judge Class II, Gwalior, dated 16-11-1966 in Civil Suit No. I-B/1966 was modified. Held : Before proceeding to consider the cross-objections, it is necessary to state the ingredients which have to be proved in cases of the present nature. In an action for malicious prosecution of the present nature, plaintiff must prove : (1) that he was prosecuted by the defendant (2) that the proceedings complained of terminated in favour of the plaintiff if from their nature they were capable of so terminating. (3) that the prosecution was instituted against him without any reasonable or probable cause, (4) that the prosecution was instituted with a malicious intention that is, not with the mere intention of carrying the law into effect but with an mention which was wrongful in point of fact. 2. It has been held that the FIR was out-come of malicious intention and ill-will which has been harboured by the defendant against the plaintiff in the background of the previous criminal litigation pending between the brother of the plaintiff and the defendant and other members of her family. Therefore, the prosecution in question cannot be regarded as an out-come of honest suspicion of the defendant about the plaintiff. It has also been rightly held by the Court below that there was the absence of reasonable or probable cause in lodging FIR. 3. In fact, no principles of universal application for assessment of the damages in such actions flow from the aforesaid casts. The award of damages is bound to vary with the facts and circumstances of each case. In view of the fact that the criminal proceedings protracted for three years, the award of damages under the beat of mental and physical suffering deserves to be raised by Rs. 100 that instead of Rs. 200 the plaintiff is awarded damages of Rs. 300. 4. In this view of the matter, the plaintiff's suit stands decreed to the extent of Rs. 150 by way of damages on the count of expenses incurred by him in defending himself in criminal proceedings in question and Rs. 300 by way of damages for mental and physical suffering. 200 the plaintiff is awarded damages of Rs. 300. 4. In this view of the matter, the plaintiff's suit stands decreed to the extent of Rs. 150 by way of damages on the count of expenses incurred by him in defending himself in criminal proceedings in question and Rs. 300 by way of damages for mental and physical suffering. Thus the suit is decreed to the extent of Rs. 450, AIR 1956 Nag. 264, AIR 1932 Mad. 147, AIR 1925 Nag. 216 and 1966 JLJ 380 distinguished, 1972 JLJ 821 ILR 30 All. 526 (P.C.), AIR 1926 P. C 46 and A.I.R. 1945 Nag. 46 relied on. Cross-objection dismissed. Appeal partly allowed.