Quashing of criminal proceedings initiated as a retaliatory measure to existing legal disputes constitutes an abuse of the process of law. Courts must exercise inherent powers to prevent such malicious, vexatious prosecutions, thereby protecting individuals from unnecessary harassment and safeguarding judicial resources.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This Revisional Application has been filed for quashing of the entire proceeding being C. Case no. 342 of 2021, pending before the court of learned 2nd Judicial Magistrate, Basirhat, 24 Parganas under Section 447/384/323/325/379/427/504/506/34 of the Indian Penal Code lodged by the Opposite Party no. 2 on 23.7.2019.

Brief fact of the case

2. The fact of the case in brief is that the opposite party no 2 lodged a complaint under Section 200 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Basirhat, North 24, Parganas, alleging inter alia that in the year 2019, he received a power of attorney from the present petitioner and his two brothers which was registered on 23.7.2019 before the ADSR Basirhat. The petitioner and his two brothers allegedly received Rs. 3 lakhs and issued receipt. On the date of incident on 25.7.2021 when he came out from his house riding a Bike and was to reach at S.N Mukherjee Road the petitioner and 7/8 person with a previous grudge suddenly attacked him ,demanded share of the house sold by him and abused him with filthy languages and on raising protest he was assaulted by the petitioner after dragging him from the Bike and assaulted him with fists and blows and then they damaged his Bike with brick and snatched an amount of Rs. 6,200 from his pocket and while leaving, they also threatened them with dire consequences. After such complaint was filed on 18.9.2021, the cognizance of the offence was taken on that day and it was transferred to the Court of learned Judicial Magistrate, Second court, Bashir hat, North 24 Parganas for disposal. After that, the said case was adjourned from time to time and on 21.11.2022, the Opposite Party no. 2 was examined under Section 200 and process was issued fixing the returnable date on 2.2.2023.

3. The petitioner who lodged a criminal complaint before the officer in charge, Bashirhat Police Station on 23.7.2021 against the present opposite party No.2 with an allegation that on 23.7.2019, he along with his brothers executed one Development power of attorney with Opposite Party no. 2 for 37.5 decimal of land. It was agreed that the said land would be utilised only for the development and for agricultural purpose but 66 Satak of land was fraudulently sold to another person in lieu of Rs. 40 lakhs.

4. On receipt of such complaint, Bashirhat Police Station case no. 505/2021 dated 23.7.21, under Section 468/471/420/406 of the Indian Penal Code started. The Opposite Party no. 2 was arrested in connection with the above case on 27.8.21 and released on ad-interim bail on 2.9.2021. A civil suit was also filed by the petitioner and his two brothers after lodging such FIR and the said suit is now pending before the Civil Judge, Senior Division, Bashirat, North 24 Parganas, where an order of interim injunction has been passed on 20.5.2022 in their favour.

Submissions

5. It is submitted by the learned advocate that the instant case has been filed, out of vengeance and is a counterblast to the civil suit as well as the criminal case lodged by the petitioner for which he had to undergo an imprisonment for considerable period. It is also submitted that the allegations levelled against the petition