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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Raghunath Sao @ Raghunath Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with a prayer for quashing and setting aside the entire criminal proceeding as well as the order dated 21.04.2022 passed by learned JMFC, Garhwa in Complaint case no. 1664 of 2021 whereby the learned Magistrate has found the prima facie case for the offences punishable under Section 465, 468, 471, 504 of IPC as also the order dated 20.12.2022 passed in Cr. Revision no. 41 of 2022 passed by learned Sessions Judge, Garhwa.
3. The allegation against the petitioners is that the petitioners have created a false document purported to be a sale deed executed by the mother of the complainant in favour of the petitioners and the petitioner no. 2 is the husband of the petitioner no. 3. There is also allegation that the petitioners intentionally insulted the complainant to provoke him causing breach of peace. On the basis of the complaint, statement on solemn affirmation, statement of the complainant of the enquiry witnesses, the learned Magistrate, has found prima facie case for the offences punishable under Sections 465,
The court ruled that allegations of forgery and creation of false documents do not constitute merely a civil dispute, warranting the continuation of criminal proceedings.
The central legal point established in the judgment is that the power of the High Court to quash a criminal proceeding under Section 482 of the Code of Criminal Procedure should be exercised to secur....
FIR cannot be quashed on grounds of civil dispute if specific criminal allegations exist; civil and criminal proceedings may proceed simultaneously.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
The power to interfere in criminal proceedings under Section 482 of the Cr.P.C. should be exercised sparingly and only in rare and exceptional cases to prevent abuse of the process of the court or to....
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