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.

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 was also recorded in revenue record. Against that order, an objection was filed by the opposite party no.2 which was rejected and name of Chandra Devi was mutated in the revenue record and the sale deed executed by Jahra Devi was found to be valid. Though this order was challenged by the opposite party no.2 but no interim order was granted.

4. It is further submitted by learned counsel for the applicant that opposite party no.2 had also filed a suit bearing Suit No.116 of 2012 for cancellation of sale deed dated 02.07.2011 executed by Jahra Devi in favour Chandra Devi. The said suit is still pending. It is further submitted that the present dispute is purely civil dispute. Whether Jahra Devi is daughter of Algoo, this issue can very well be decided in pending suit filed by the opposite party no.2. It was further submitted that the report of Nayab Tehsildar which was also considered while rejecting the mutation application of the opposite party no.2 substantiated the claim of Jahra Devi that she was daughter of Algoo.

5. Percontra, learned counsel for the opposite party no.2 has stated that though after the investigation of allegations of FIR dated 02.07.2012, police had submitted final report but on protest petition, he brought on record certain material that shows Jahra Devi was not daughter of Algoo. Thereafter aforesaid protest petition was registered as complaint case and applicant was summoned. It is further submitted that from perusal of complaint as well as statements, clear case of cheating on the part of the applicant is made out though he was sale deed writer. He also submitted that there is no barred to continue criminal proceeding along with civil proceeding if case is made out. It is also submitted by learned counsel for the opposite party no.2 that all the disputes raised by the counsel for the applicant are factual in nature that can be considered during trial. That cannot be agitated at this stage while challenging the proceeding of complaint case.

6. Learned AGA also adopted the argument of opposite party no.2.

7. After hearing the learned counsel for the parties and on perusal of record, it reveals that undisputedly, after the death of Algoo name of Jahra Devi as his daughter mutated in revenue record and at the time of execution of sale deed dated 02.07.2011 name of Jahra Devi was recorded as tenure holder being the successor of Algoo, who died in the year 1990. It is also clear from the record that till execution of sale deed, no objection was filed by the opposite party no.2 against mutation of name of Jahra Devi as successor of Algoo. Apart from this, it is also undisputed that the opposite party no.2 had filed the suit being Suit No.116 of 2012 for cancellation of sale deed executed by Jahra Devi in favour of Chandra Devi. Whet