The court affirmed that civil disputes cannot be converted into criminal cases for quicker relief, emphasizing the need for careful judicial discretion under Section 156(3) Cr.P.C.

COMMON ORDER

These Criminal Revisions are directed against the common order passed in Crl.M.P.Nos.8882, 8883 and 8884 of 2024 dated 24.05.2024 on the file of the Court of the Judicial Magistrate No.III, Tirunelveli, dismissing the petitions filed under Section 156 (3) of the Code of Criminal Procedure.

2. The case of the petitioner is that the petitioner is the Manager of Nangooram Namma Veedu complex and he has filed the above petitions with the authorization given by the owner of the property one Rajasekar, that the said Rajasekar developed Nangooram Namma Veedu scheme along with entertainment facilities in the buildings, by name, Kondattam in the plot Nos.34, 35, 36, 53, 54 and 56, that the said Rajasekar has approached the Real Estate Regulatory Authority (RERA) Court with regard to the residents' committee, in which, one Ashok Kannan is the Secretary of that committee and the Real Estate Regulatory Authority (RERA) Court has given a finding that the property belongs to the said Rajasekar and inspite of the said order, the said Ashok Kannan being the Secretary, in order to secure the plot in an unlawful manner, opened the lock by using some other key to the kitchen available in the Kondattam building, that the said Rajasekar lodged a complaint with Sivanthipatti Police and they have given CSR in CSR No.79 of 2024, that the said Ashok Kannan trespassed into the premises of the committee hall on 14.04.2024 and damaged CCTV appliances and also sent a letter threatening to vacate the CCTV appliances, that the said Ashok Kannan has also dumbed waste and dust in the empty plots belonging to the said Rajasekar, that one Usha at the instigation of the said Ashok Kannan had unlocked the kitchen and put up another lock, that the residents have no rights to utilize the Kondattam building without getting permission of the said Rajasekar, that they are entitled to use that building without committing any damages and that too on the permission granted by its owner and that though the complaint came to be lodged with Sivanthipatti Police, there was no action and hence, complaint was sent to the District Superintendent of Police, Tirunelveli on 03.04.2024 and since there was no action, the petitioner was constrained to file three petitions under Section 156 (3) Cr.P.C . before the jurisdictional Magistrate.

3. The petitioner has filed two petitions under Section 156 (3) Cr.P.C . against the said Ashok Kannan and one petition against the said Usha and Ashok Kannan.

4. The learned Judicial Magistrate, taking the petitions filed under Section 156 (3) Cr.P.C . on file in Crl.M.P.Nos.8882, 8883 and 8884 of 2024 and upon perusing the petitions and the petitioner's affidavit and on hearing the petitioner's sides, has passed the impugned common order dated 24.05.2024 by holding that the dispute is of civil in nature and dismissed the petitions.

5. Before entering into further discussion, it is necessary to refer the judgment of the Hon'ble Supreme Court in M/S Indian Oil Corporation vs M/S NEPC India Ltd. , and Others, in Crl.A.No.834 of 2002, dated 20.07.2002 , wherein, the Hon'ble Apex Court has deprecated the practice of attempting to settle the civil disputes by applying pressure through criminal prosecution and the relevant passage is extracted hereunder:

“10. While on this issue, it is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases. This is obviously on account of a prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable break down of marriages/families. There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement. Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure though criminal