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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRS. JUSTICE MITALI THAKURIA, J
Anwar Uddin Barbhuiya, S/o- Late Tazamul Ali Barbhuiya – Appellant
Versus
State of Assam Represented By The Public Prosecutor – Respondent
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 favo
Criminal proceedings cannot be initiated for civil disputes, as it constitutes an abuse of process; such matters must be resolved in civil courts.
Criminal proceedings initiated from civil disputes lacking prima facie case must be quashed to prevent abuse of legal process.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
(1) Apprehension of breach of peace – Sections 145 and 146 of Cr.P.C. together constitute a scheme for resolution of a situation where there is a likelihood of a breach of peace because of a dispute ....
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
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