The main legal point established in the judgment is that the court can exercise jurisdiction under Section 482 of Cr.P.C. to quash criminal proceedings if they are an abuse of process and the dispute is civil in nature and subjudice before civil courts.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing of the FIR being Bidhannagar South P.S. FIR No. 209 of 2021, u/s 420/406/120B/34 of IPC, dated 22.07.2021, corresponding to G.R. Case No. 815 of 2021, arising out of M.P. Case No. 37 of 2021, now pending before the Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas.

2. The petitioner’s case is that on 14.08.2016 the petitioner was duly elected as the General Secretary of the I.A. Block Residents' Forum, Salt Lake having its registered office at I.A.-23A, Bonochaya, I.A. Park, Sector- III, Salt Lake City, P.S. - Bidhannagar South, Kolkata - 700 097 and had been discharging his duties with outmost sincerity and integrity without any objection whatsoever.

3. The Petitioner further states that the Executive Committee of the IA Block Residents’ Forum was last formed on 07.08.2019 as the annual general meeting for 2020 could not be called due to Covid-19 Pandemic and imposition of nationwide lockdown. However, after the lockdown process, the Petitioner had issued a notice dated 13.12.2020 calling for the AGM of the I.A. Block Residents' Forum.

4. The General Secretary of the Forum then issued another notice that AGM of the Forum will held on 14.02.2021.

5. Thereafter, one of the Members of the said Association i.e Pinaki Mitra, had filed a Title Suit being T.S. No. 65 of 2021, before the Learned Civil Judge (Jr. Division) at Bidhannagar, interalia praying for Decree of Declaration that the Notice of AGM dated 14.02.2021, is illegal, invalid and not according to the constitution of the Forum, with an application under order 39 Rule 1 & 2 interalia praying for interim Injunction.

6. The Learned Court after considering the matter, vide order dated 12.02.2021, was pleased to direct both the parties to the suit to maintain status quo in respect of nature, Character and possession of the suit property till 18.03.2021.

7. Upon receipt of the copy and communication the petitioner had also issued an Urgent Notice thereby postponing the AGM 2020, scheduled to be held on 14.03.2021, due to the Order of Status Quo passed by the Learned Court.

8. On 14.02.2021 the opposite party no.3 along with local insurgent members of the block by forceful means, by use of coercion and pressure conducted the AGM on 14.02.2021, and even formed a committee, in gross violation of the order of Status Quo passed by the Learned Court on 12.02.2021.

9. They had purportedly selected themselves as the Office Bearers of the Executive Committee of the I.A. Block Residents' Forum. A purported resolution was also passed recording that consequent upon expiry of the term of the existing executive committee on 31.03.2020, the said persons are elected as the new Executive Committee members for the ongoing term staring from 01.04.2020. The signature of the petitioner and the president was obtained in such purported resolution by use of force and coercion. However, it can be seen, from such purported resolution adopted in the illegal convent AGM dated 14.02.2021, that the aforesaid persons had admittedly accepted the petitioner as the General Secretary of the Forum/Association.

10. Challenging such illegal and purported AGM held on 14.02.2021, the Petitioner herein filed a Title Suit before the Learned Civil Judge Junior Division at Salt Lake (Bidhannagar) being T.S. No. 81 of 2021, praying for:-

a. A decree for declaration that the purported AGM held on 14.02.2021 is null and void being done in violation of a subsisting order of injunction dated 12.02.2021 passed in T.S. No. 65 of 2021, among other reliefs prayed for.

11. On 26.02.2021 the application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 in T.S. 81 of 2021 was taken up for consideration on 26.02.2021. After hearing, the Learned Judge refused to grant an ad interim order of injunction.

12. On appeal, before the Learned Additional District and Session Judge, 7th Court, Barasat, the prayer