The court ruled that vague allegations in an FIR, particularly when prior civil judgments resolve the issues, constitute an abuse of process, warranting quashing of the FIR.

JUDGMENT :

NANDESH S. DESHPANDE, J.

1. Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.

2. This is an application for quashing and setting aside the First Information Report bearing Crime No. 0296/2022, lodged on 31.05.2022, and the consequent charge-sheet bearing No. 136/2022, dated 15.09.2022, for the offences punishable under Sections 181 , 182, 193, 424, 431, and 489 of the Indian Penal Code, read with Section 3 of the Prevention of Damage to Public Property Act, 1984, as also, Regular Criminal Case No. 97/2022, pending on the file of Judicial Magistrate First Class, Ramtek, District Nagpur.

3. Brief facts as pleaded in the application are as under :

The father of the applicant herein filed a suit for declaration, injunction, and removal of encroachment against the non-applicant Nos. 2 and 3 bearing R.C.S. No. 15/2005, before the Civil Judge Junior Division, Ramtek. The said suit was dismissed on 12.03.2012. The original plaintiff, who is the father of the applicant herein, challenged the said judgment and decree by filing an appeal before the District and Sessions Court, Nagpur, bearing R.C.A. No. 710/2012, which came to be allowed on 12.01.2015. Thus, the Appellate Court decreed the suit and the defendants in the suit i.e., the non-applicant Nos. 2 and 3 herein, were directed to remove encroachment from the suit property. Being aggrieved, the non- applicant Nos. 2 and 3 filed a Second Appeal before this Court bearing Second Appeal No. 257/2015. However, the same was rejected vide order dated 05.01.2017. The non-applicant Nos. 2 and 3 chose to challenge the said before the Hon’ble Supreme Court of India, by filing a Special Leave Petition, SLP(C) No.14094/2017, which was also dismissed on 05.05.2017.

4. In the backdrop of these facts, and more particularly, the order of mandatory injection directing the non-applicant Nos. 2 and 3, to remove the encroachment as per the plaint map had attained finality. The non-applicant No. 2, however, chose to file another suit bearing R.C.S. No. 876/2018, before the Civil Judge Senior Division, Nagpur, for a declaration that the judgment and decree dated 12.01.2015 passed in RCA No. 710/2012, being declared null and void and not executable. In the said matter, the applicants herein filed an application under Order 7, Rule 11 of the CPC for rejection of the plaint, which came to be allowed by the Court on 17.03.2021. The non-applicant Nos.2 and 3, along with one Suresh Mahadule, chose to challenge the said order/judgment on 18.06.2021, by filing a Regular Civil Appeal bearing No. 85/2021.

5. It is pertinent to mention here that during the pendancy of the said appeal filed at the behest of the non-applicant Nos. 2 and 3, they chose to file a Criminal Miscellaneous Application No. 85/2020, before the Judicial Magistrate First Class, Ramtek. This application was filed seeking an enquiry under Section 156 (3) of the Criminal Procedure Code, and was filed on 11.04.2022. The said Magistrate passed an order thereon, on 12.05.2022, directing the Officer in charge of the Police Station, Ramtek, to investigate the matter as per (3) of the Criminal Procedure Code and submit a report. Thereafter, the appeal bearing R.C.A. No. 85/2021, filed by the non-applicant Nos. 2 and 3, challenging the rejection of the plaint, was ultimately rejected on 29.08.2022.

6. In the backdrop of these admitted facts, the First Information Report came to be registered on 31.05.2022, at the behest of the non-applicant No. 2. As per the said First Information