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ARUN KUMAR SINGH DESHWAL
Dinesh Kumar Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Raj Kumar Sharma, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.
2. Present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 01.02.2013 passed by the Chief Judicial Magistrate, Jaunpur in Case No.380 of 2012 arising out of Case Crime No 559 of 2012, under Sections 419, 420, 467, 468, 471 IPC, Police Station Machhali Shahar, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur.
3. Contention of learned counsel for the applicant is that the applicant was deed writer of sale deed executed by Jahra Devi, who executed a sale deed in favour of Chandra Devi claiming herself daughter of deceased Algoo, who was elder brother of father of opposite party no.2. It is further submitted that on the basis of succession, name of Jahra Devi mutated in the revenue record in place of Algoo. Thereafter being a legal heir and daughter of Algoo, she executed a sale deed dated 02.07.2011 in favour of Chandra Devi. On the basis of aforesaid sale deed, name of Chandra Devi
The main legal point established is that converting a civil dispute into a criminal one for the purpose of exerting extra-judicial pressure is an abuse of process of court.
Criminal proceedings not maintainable when the dispute is already pending consideration in a civil suit, and fair disclosure of the pendency of the civil suit is required in the criminal complaint.
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
The court emphasized the importance of fair disclosure and timely filing of complaints, and considered the status of civil proceedings in property disputes when deciding on the quashing of criminal p....
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 main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
The criminal matters should be given precedence over civil proceedings, and mere pendency of civil suits cannot be a ground to quash the criminal proceedings.
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
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