Criminal proceedings cannot be initiated for civil disputes, as it constitutes an abuse of process; such matters must be resolved in civil courts.

JUDGMENT :

Mitali Thakuria, J.

Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. B. Chakravarty, learned counsel for the respondent Nos. 2 & 3.

2. This is an application under Section 482 of the Code of Criminal Procedure, M 1973 praying for quashing the proceeding in Case No. 42 /2023, pending before the Court of learned Additional District Magistrate, Cachar, Silchar and the subsequent order dated 30.10.2023, passed therein, as well as the order dated 06.10.2023, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar in Criminal Revision Petition No. 17/2023.

3. The case of the petitioners, in brief, is that the private respondent Nos. 2 & 3, herein, and others instituted a title suit, being T.S. No. 298/2022 before the Court of learned Munsiff No. 1, against the present petitioners and others for cancellation of a registered Sale Deed No. 2404/2012, which was executed in favour of the petitioners transferring some land, alleging that the vendors of the petitioners without having any right, title and possession over the land, transferred the same in favour of the petitioners. The petitioners, on receipt of the notice, accordingly, entered appearances and filed their Written Statement as defendants denying the claim of the plaintiffs and thereby prayed for dismissal of the same.

4. The petitioners contends that during the pendency of the said Title Suit, the private respondents quite surprisingly on the same facts and circumstances, filed an application before the Court of learned District Magistrate, Cachar by making out a concocted story alleging that on receipt of the summon in connection with aforesaid T.S. No. 298/2022, the petitioners along with others hurriedly started construction work over the Schedule-II private path and constructed a thatched house and erected spilt bamboo pole around the Schedule-III land and accordingly the private respondents prayed to draw up a proceeding under Section 145 Cr.P.C. in respect of Schedule-III land and under Section 133 Cr.P.C. in respect of Schedule-II path. Accordingly, the learned Additional District Magistrate, Cachar, vide Order dated 19.01.2023, drew up a proceeding under Section 133 Cr.P.C. and thereby passed a conditional order on the basis of a police report directing the concerned police station to remove the obstruction from the alleged path within 7 (seven) days from the date of receipt of the order. Thereafter, being aggrieved by the aforesaid order dated 19.01.2023, the petitioner No. 1 filed a revision petition under Section 397 Cr.P.C. being Criminal Revision No. 17/2023 before the Court of learned Session Judge, Cachar and the learned Additional Session Judge (FTC), Cachar, vide judgment and order dated 06.10.2023, disposed of the same by directing the revisionist, i.e. the present petitioner No. 1, to take part in the proceeding before the learned Additional District Magistrate. Thereafter, the learned Additional District Magistrate, Cachar, vide Order dated 30.10.2023, again directed the petitioners to remove the alleged obstruction without giving any opportunity to hear the petitioners. Hence, being aggrieved, the present petition has been preferred seeking quashment of the entire proceeding in Case No. 42m /2023, pending before the Court of learned Additional District Magistrate, Cachar, Silchar by setting aside the orders dated 19.01.2023 and 30.10.2023 passed therein as well as the judgment and order dated 06.10.2023, passed by the learned Additional Session Judge (FTC), Cachar in Criminal Revision Petition No. 17/2023.

5. Ms. Choudhury, learned counsel for the petitioners, submitted that a civil suit is already pending before the competent Civil Court between the parties and if the petitioners have illegally encroached the land of the respondent and has done any illegal construction activities therein, as alleged in the petition, the