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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Bhogilal Jamnadas Kansara – Petitioner
Versus
State of Gujarat – Respondent
Special Criminal Application Nos. 1481, 1513 of 2015
Decided On : 31-01-2019
Penal Code, 1860 – Sections 484, 467, 468, 471 and 114 – Petitioners seek quashing of Criminal Complaint registered as Inquiry Case before Additional Chief Metropolitan Magistrate, Court No. 12, Ahmedabad, for the offences punishable under sections 484, 467, 468, 471 and 114 of Penal Code, 1860 – Held, Glaring and obscure allegations of the present case leads to an indubitable conclusion that respondents no. 3 to 6, who have failed to succeed in the civil proceedings have initiated the criminal proceedings with mala-fide intention just to harass the petitioners. The complaint has been lodged clearly with a view to spite the other parties because of a private and personal grudge and to enmesh the other parties in the long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case. The complainants were aware of the dispute since 2002. Thus, the delay in lodging the complaint would be fatal and can be termed as an afterthought in order to harass the petitioners by embroiling them in the criminal proceedings. In such circumstances, the impugned complaint has to be quashed at the threshold and the same cannot be allowed to be sustained for taking further cognizance by the Magistrate – Petition allowed
Facts of the Case:
Petitioners seek quashing of Criminal Complaint registered as Inquiry Case before Additional Chief Metropolitan Magistrate, Court No. 12, Ahmedabad, for the offences punishable under sections 484, 467, 468, 471 and 114 of Penal Code, 1860
Finding of the Court:
Glaring and obscure allegations of the present case leads to an indubitable conclusion that respondents no. 3 to 6, who have failed to succeed in the civil proceedings have initiated the criminal proceedings with mala-fide intention just to harass the petitioners. The complaint has been lodged clearly with a view to spite the other parties because of a private and personal grudge and to enmesh the other parties in the long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case. The complainants were aware of the dispute since 2002. Thus, the delay in lodging the complaint would be fatal and can be termed as an afterthought in order to harass the petitioners by embroiling them in the criminal proceedings. In such circumstances, the impugned complaint has to be quashed at the threshold and the same cannot be allowed to be sustained for taking further cognizance by the Magistrate.
Result: Petition allowed
JUDGMENT :
A.S. SUPEHIA, J.
1. By way of the present petitions, the petitioners seek quashing of Criminal Complaint registered as Inquiry Case No. 3 of 2015 before Additional Chief Metropolitan Magistrate, Court No. 12, Ahmedabad, for the offences punishable under sections 484, 467, 468, 471 and 114 of the Indian Penal Code, 1860 (IPC).
2. The facts of the case, as stated in Special Criminal Application No. 1481 of 2015, are as under:
2.2 In the year 2002, RTS proceedings were initiated by respondents No. 3 to 6 being RTS Appeal No. 67 of 2002 before the Deputy Collector challenging the aforesaid Entry Nos. 3183 and 3184, which came to be dismissed vide order dated 28.07.2003. Against the dismissal order, Revision Application No. 66 of 2003 was filed by respondents No. 3 to 6 before the District Collector, which came to be dismissed vide order dated 31.08.2004.
2.3 Thereafter, on 17.8.2003 a Power of Attorney (PoA) was given by the entire Patel family, including the complainants, in favour of one Mohit Parshottam Patel.
2.4 In the year 2003, tenancy proceedings were initiated by the respondents No. 3 to 6 before the Mamlatdar and ALT under section 84C of the Gujarat Tenancy and Agricultural Lands Act, 1948 (the Tenancy Act) against the petitioners, wherein by the order dated 27.10.2004 the Mamlatdar and ALT held that there is breach of section 63 of the Tenancy Act committed by the petitioners. Against the aforesaid order, the petitioners preferred Tenancy Appeal No. 96 of 2004, whereas Tenancy Appeal No. 105 of 2004 was filed by the aforesaid PoA before the Deputy Collector. However, by the common order dated 18.03.2005, both the aforesaid appeals came to be dismissed.
2.5 In the meantime, Regular Civil Suit No. 83 of 2004 was instituted by the PoA before the Court of Civil Judge (Senior Division), Ahmedabad (Rural), wherein injunction application below Exh.5 came to be dismissed vide order dated 30.04.2005.
2.6 The PoA filed Criminal Case No. 6998 of 2004 against the father of the petitioners, which came to be withdrawn vide order dated 01.07.2006.
2.7 Against the aforesaid dismissal order dated 18.03.2015 of the Deputy Collector, the PoA filed Revision Application No. 237 of 2005 before the Gujarat Revenue Tribunal (GRT), which came to be dismissed by the order dated 21.09.2005, whereas the petitioners filed Revision Application No. 40 of 2007 before the GRT, which came to be allowed vide order dated 08.04.2008 and thereby the proceedings under Section 84C of the Tenancy Act were dropped.
2.8 In the year 2008, the PoA challenged the aforesaid order of the GRT passed in Revision Application No. 40 of 2007 in favour of the petitioners before this court by filing Special Civil Application No. 7623 of 2008, which came to be dismissed vide order dated 07.07.2008.
2.9 In spite of the withdrawal of the earlier criminal complaint by the PoA, a second criminal complaint was filed by one of the family members of respondents No. 3 to 6 against petitioner No. 1 alleging commission of offences under sections 406, 420, 467, 468 of the IPC as well as under section 7, 12 and 13 of the Prevention of Corruption Act. Against the aforesaid criminal complaint, Special Criminal Application No
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