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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
RENUBALA GHOSH AND ANR – Appellant
Versus
State Of Assam Rep. By The Pp, Assam – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
Heard Ms. R Choudhury, learned counsel for the petitioner and Mr. B.K. Sen, learned counsel for the respondent.
2. This criminal petition has been instituted seeking quashing of the order dated 11.01.2023 passed by the learned Additional Chief Judicial Magistrate, Karimganj in G.R. Case No. 198/2020 (PRC 90/2023) by which the learned Additional Chief Judicial Magistrate, Karimganj took cognizance of the offence under Section 447/427/294/34 IPC against the petitioners as well as for quashing of all the subsequent orders passed by the order dated 11.01.2023, by the Learned Additional C.J.M. Karimganj, in the said case.
3. The Opposite party No.2/Respondent lodged an FIR before the Badarpur Police Station against the present petitioners alleging that on 21/01/2020 at about 12.30 p.m. the accused persons trespassed into the tilla land possessed by the complainant situated at Santi Niketan Road and damaged the trees and had tried to erect bamboo fencing. On protest by the complainant, the accused persons tried to kill him and used slang language. It was also mentioned in the FIR that regarding the disputed land, a case is pending before the Hon'ble Gauhat
Point of Law : House Tress-pass - Quash of criminal Proceedings - Mere pendency of the civil suit cannot operate as a bar with regard to investigation in event any offence is committed during pendenc....
The main legal point established in the judgment is that criminal proceedings should not be used to settle civil disputes and that the abuse of process of the court can warrant the quashing of crimin....
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
The pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
Criminal proceedings for trespass can proceed despite claims of civil dispute; factual examination is required during trial.
(1) Revenue records are not documents of title – Questions of title can only be determined by a civil court of competent jurisdiction.(2) A civil dispute may metamorphose into a criminal dispute.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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