Criminal proceedings cannot be initiated for civil disputes, and jurisdiction under Section 482 CrPC should be exercised to prevent abuse of the court process.

JUDGMENT :

(Shampa Dutt (Paul), J.)

1. The present revisional application has been preferred praying for quashing of proceedings in Kalyani FIR No. 363/22 being Charge Sheet No. 400 under Sections 341/323/506/34 of the Indian Penal Code.

2. The petitioners’ case is that the de facto complainant is his maternal grandmother and she voluntarily desired to register a gift deed out of natural love and affection. A gift deed was registered on 15th May, 2019 in the office at A.D.S.R., Kalyani, Nadia, recorded in Book No. 1, Volume No. 1303-2019, Pages from 36831 to 36845, being No. 13031943 for the year 2019.

3. The petitioner No. 1 on the basis of the Gift Deed made an application for mutation before the competent authority. In course of mutation proceeding, a notice was served upon the de facto complainant for hearing. The competent authority i.e. Gayeshpur Municipality was duly satisfied and recorded the name of the petitioner no. 1 and expunged the name of the De facto complainant from the Assessment Role and issued a Certificate of Mutation by letter dated 13.08.2019.

4. The petitioner no. 1 together with his mother namely Tara Dey took house building loan from the LIC HFL, in the year 2020 for erecting residential accommodation. The petitioner no. 1 and his mother kept the said Deed of Gift as a collateral security for sanction and disbursement of house building loan.

5. The petitioner no. 1 and his mother took house building loan of about Rs. 25,00,000/- in two instalments from the LIC HFL and erected a two storied residential house.

6. In the mean time petitioner no. 1 got Government service at Dharmada Primary Health Center at Bethuadahari, Nadia. He got appointment in the said Primary Health Center by virtue of an order of the Chief Medical Officer of Health being Memo No. CMOH/Nad dated 21.06.2019, Krishnanagar.

7. The petitioners here are husband and wife.

8. Petitioner no.1 was allotted government quarter at Bethuadahari, Nadia.

9. The petitioners started to live in the said Government quarter with his wife, the petitioner no. 2. The petitioners politely requested the de facto complainant and their family members including parents of the petitioner No. 1 to sell out the said property and to foreclose the loan amount of LIC HFL with the said amount and stated that rest of the amount would be utilized for purchasing a residential accommodation near the petitioner no. 1’s place of work at Dharmada Primary Health Center, Bethuadahari, Nadia. The family members raised an objection. This was the starting point for dispute between the petitioners and their family members.

10. It is stated by the petitioners that the family members of the petitioners along with the de facto complainant restrained the petitioners from entering the residential accommodation during the weekends.

11. The petitioner no. 1 then moved an application under Section 144 Cr.P.C.

12. The de facto complainant filed a suit for Declaration and injunction in T.S. No. 30 of 2022 before the learned Civil Judge, Junior Division, Kalyani, Nadia on 19th February, 2022. The petitioner no. 1 received summons from the learned trial Court and filed written statement.

13. On 6.7.2022 the de facto complainant filed a complaint against the petitioners before the Kalyani Police Station and the FIR was registered for offence punishable under Sections 420/406 IPC.

14. On completion of investigation charge sheet has been filed for offence punishable under Sections 341/323/506/34 of the Indian Penal Code.

15. Apprehending sale of the property by the petitioner no. 1, the present case has been initiated.

16. The sale of the said property has been stopped by way of order of injunction from the Civil Court. Dispute is before the Civil Court.

17. The dispute in this case is a family property dispute thus civil in nature.

18. This Court relies upon the judgment of the Supreme Court in Birla Corporation Ltd. vs. Adventz Investments and holdings, Criminal Appeal No. 875 of 2019 with Criminal Appeal N