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VIKRAM D. CHAUHAN
Vitala @ Patiraji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the Applicant, learned counsel for opposite party no. 2 and learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed by applicant for quashing the summoning order dated 05.05.2018 passed by Judicial Magistrate-II, Court No. 13, Basti as well as entire criminal proceeding of Complaint Case No. 733 of 2018 (Prema Devi vs. Bitala @ Patiraji and Others), under sections 419, 420 I.P.C. Police Station Sonha, District Basti, pending in the court of Judicial Magistrate-II, Court No. 13, Basti.
3. It is submitted by learned counsel for the applicant that the applicant is the seller of the property in question where the sale deed was executed on 27.04.2010 by the applicant. It is submitted by learned counsel for the applicant that the applicant is claiming title to the property being the married daughter of one Chhedi Lal who was original owner of the property in question. It is submitted by learned counsel for the applicant that the name of the applicant was mutated in the revenue records and, thereafter, the sale deed was executed. He further submits that in respect of the property in dispute the claim
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 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 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.
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 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 court ruled that when a dispute is essentially civil in nature and overlaps with criminal allegations, the criminal proceedings should be quashed to prevent abuse of the legal process.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
The main legal point established in the judgment is that the continuation of a prosecution in a matter essentially involving a civil dispute, without any element of criminality, would amount to an ab....
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