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SANJAY KUMAR DWIVEDI
Usha Rani @ Usha Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Manoj Kumar (3), learned counsel appearing for the petitioners and Mr. Shiv Shankar Kumar, learned A.P.P. for the State. Nobody has responded on behalf of the O.P. No. 2, in spite of his appearance through advocate, that’s why this matter is being heard in absence of O.P. No. 2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 16.01.2016, in connection with C.P. Case No. 2317 of 2015, pending in the court of Judicial Magistrate, 1st Class, Dhanbad.
3. The complaint case was filed by the O.P. No. 2 alleging therein that one joint land and building property popularly known as Mundrika Mansion is situated at Main Road of Jharia within the district of Dhanbad in the name of Grand- mother, who expired on 15.8.1992, of the complainant and no partition is made between the legal heirs of the said grand-mother. The accused persons are collecting the rent from the tenant illegally and arbitrarily and dishonestly misappropriating the amount in personal use to the joint earned amount for their unjust gains under different type of threats for dire consequences and to drag in false criminal cases as provi
The court quashed the criminal proceedings due to malicious intent behind the complaint, referencing prior dismissal of a title suit.
Criminal law should not be put in motion for a civil dispute, and filing a complaint as a counter blast is not a valid reason to initiate criminal proceedings.
The court determined that allegations against the petitioners were devoid of any criminal basis, equating the matter to a civil dispute, thus quashing the criminal proceedings.
The court established that criminal proceedings should not be used as a tool for harassment in civil disputes, and that the existence of a civil remedy precludes the initiation of criminal proceeding....
Criminal charges for cheating require proof of fraudulent intent at the transaction's inception; mere civil disputes do not suffice for criminal prosecution.
Criminal proceedings cannot be initiated for disputes that are purely civil in nature, and the High Court has the authority to quash such proceedings to prevent abuse of the legal process.
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