IMPORTANT POINT
If the FIR is not frivolous, mala fide or vexatious, it should not be quashed.

Judgment

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 20.3.2014, passed by the Gauhati High Court in Criminal Petition No. 287 of 2009, whereby said Court has dismissed the petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”) and declined to quash the criminal proceedings initiated against the appellant.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that a First Information Report dated 25.1.2009 was got lodged by respondent No. 3 Rabindra Nath Kalita at Police Station, Panbazar, District Kamrup, Assam. It is alleged in said report that Kaustav K. Kalita is minor son of respondent No. 3. He (Kaustav K. Kalita), respondent No. 4 Rishi Raj Borgohain, and respondent No. 5 Yuva Raj Borgohain are pattadars-in-possession of the land measuring 11 Bigha 2 Kathas 12 Lachas of Patta No. 56, situated in Village Kamarkuchi under Panbari Mouza of the District. It is further alleged that the complainant (respondent No. 3) came to know that appellant Ganga Dhar Kalita and one Birendra Kumar Das have sold the above mentioned land in favour of Sewali Oza, Kabindra Oza and Kaifie Oza. On enquiry, according to the complainant, it was discovered that Ganga Dhar Kalita (appellant) has fraudulently got executed a power of attorney Deed No. 2062 dated 11.4.2006 by forging signatures of Kaustav K. Kalita, Rishi Raj Borgohain and Yuva Raj Borgohain. Rishi Raj Borgohain (respondent No. 4) is also signatory in the First Information Report given by respondent No. 3 to the police. On the above complaint, police appears to have registered the case as crime No. 25 of 2009 in respect of offences punishable under Sections 419, 468, 420, 471/34 of Indian Penal Code.

4. The present appellant challenged the First Information Report by filing a petition under Section 482 of the Code on the ground that the dispute between the parties is of civil in nature. It is also pleaded by the appellant that a title suit No. 477 of 2008 has already instituted by Birendra Kumar Das. It is also urged that another suit No. 293 of 2009 was filed before the Court of Civil Judge No. 3, Guwahati, by the informants (respondent Nos. 3 and 4) seeking cancellation of the power of attorney in question.

5. However, after hearing the parties, the High Court was not impressed with the arguments advanced on behalf of the accused (appellant), and observed that since the allegations made against him make out a cognizable offence, and the allegations are serious in nature, as such, it declined to interfere with the criminal proceedings. The High Court further opined that the complainant has not acted mala fide.

6. Learned counsel for the appellant argued before us that since there are two suits already instituted, one filed by Birendra Kumar Das and another filed by the complainants, as such, the criminal proceedings in the matter are nothing but abuse of process of law.

7. In response to the above, learned counsel for the respondents/complainants drew our attention to the copy of order dated 15.11.2011 passed in Title Suit No. 477 of 2008, i.e., one instituted by Birendra Kumar Das. Copy of said order, which is annexure A-1 to the counter affidavit filed on behalf of respondent Nos. 3 and 4, shows that Title Suit No. 477 of 2008 was dismissed for non-prosecution. There is nothing on the record to suggest that after dismissal of the suit on 15.11.2011 said suit was restored. In view of said fact, it can be said that the appellant has attempted to suppress the fact that Title Suit No. 477 of 2008 has been dismissed. As to the pendency of the suit No. 293 of 2009 filed by respondent Nos. 3 and 4 and Kaustav K. Kalita, it is true that they have sought cancellation of general power of attorney Deed No. 2062 of 2006 dated 11.4.2006 purporting to have been executed in respect of the property in question.

8. The allegations made in the First Information Report disclose that