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VIKRAM D. CHAUHAN
Munakka Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants, 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 applicants 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 applicants that the applicants are the purchasers of the property in dispute by sale deed dated 27.04.2010. Learned counsel for the applicants submits that the sale deed was executed by one Vitala Devi in favour of the applicants. Learned counsel for the applicants submits that subsequently the dispute arose between the complainant Prema Devi and the seller Smt. Vitala Devi with regard to title of the property. Smt. Prema Devi-complainant was claiming title to the property in question through will, whereas, Smt. Vitala Devi was claiming the property in question on t
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....
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 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 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 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 in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
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