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SUPREME COURT OF INDIA
(BEFORE R.C. LAHOTI, CJI., G.P. MATHUR AND P.K. BALASUBRAMANYAN, JJ.)
KUNJBIHARI - Appellant;
Versus
BALRAM AND ANOTHER - Respondents.
Criminal Appeal No. 1469 of 2005,
decided on October 26,2005
Criminal Procedure Code, 1973, Sections 145 and 482 - Abuse of process of court - The rights of the parties had been adjudicated upon by the civil court by compromise decree - An execution petition filed by the respondents was also dismissed in view of the compromise decree- In spite of compromise decree, proceedings under Section 145 Cr. P.C. were initiated- The petition for quashing the said proceeding rejected by the High Court forming an opinion that in spite of the civil court's decree, proceedings under Section 145 Cr. P.C. may continue- Held the proceedings under Section 145 Cr. P.C. were an abuse of the process of the court - The rights of the parties have already been adjudicated upon-If any party claims to be in possession of the property and seeks its protection, it may approach the civil court and get an appropriate order.[Paras 2 and 3]
ORDER
1. Leave granted.
2. It is not disputed that the property forming the subject-matter of proceedings under Section 145 of the Code of Criminal Procedure (CrPC) was the subject-matter of civil suit between the parties. The rights of the parties have been adjudicated upon by the civil court. An execution petition filed by the respondents herein was also dismissed in view of the e adjudication of rights by the civil court based on a compromise. Inasmuch as the rights of the parties stand settled by a compromise decree taken on record of the court during the pendency of civil proceedings inter parties, none of the parties is justified in reagitating the same issue. The parties must respect the decree of the court. In spite of the civil proceedings having achieved finality, it appears that proceedings under Section 145 CrPC were initiated. The f appellant sought the proceedings being dropped in view of the civil court's decree. As that prayer was not acceded to, the appellant approached the High Court under Section 482 CrPC seeking quashing of the proceedings under Section 145 CrPC. The petition has been rejected by the High Court forming an opinion that in spite of the civil court's decree, proceedings under Section 145 CrPC may continue.
3. Having heard the learned counsel for the parties, we are satisfied that the proceedings under Section 145 CrPC are an abuse of the process of the court in the facts of the present case. The rights of the parties have already been adjudicated upon. If any party claims to be in possession of the property and seeks its protection, it is for that party to approach the civil court and get an appropriate order. The proceedings under Section 145 CrPC cannot be allowed to be continued in the facts and circumstances of the case.
4. The appeal is allowed. The impugned order of the High Court is set aside and the proceedings under Section 145 CrPC are directed to be dropped.
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