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PRASHANT KUMAR
Kishan Chandra Jain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Prashant Kumar, J.
1. Heard Shri Shivam Yadav, learned counsel for the applicants, Shri Shashi Dhar Pandey, learned A.G.A. appearing for the State and perused the records.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 22.11.2016 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Case No. 2985 of 2015 arising out of Case Crime No. 245 of 2007 under Sections 420, 467, 468, 471, 504, 506 and 448 I.P.C. Police Station- Feelkhana, District-Kanpur Nagar.
3. Learned counsel for the applicants submits that the applicants are tenant in a property which is a residential house. The complainant herein is a subsequent purchaser of the property and had become a landlord and he wanted to get the premises vacated instead of initiating civil proceeding for vacation of the property. The complainant by abusing the process of the Court had filing false and frivolous FIR against the tenant. An FIR was lodged on 15.11.2007 alleging that when the applicants asked to vacate the property, he abused and threatened them to face dire consequences and also stated that he will install his saw-mill in the property. After lodging of the FIR, a ch
Criminal proceedings cannot be used as a tool for harassment in civil disputes, and courts must prevent abuse of legal processes.
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
(1) Exercise of inherent jurisdiction – Appreciation of contradictions or inconsistencies in witness statements lies within exclusive domain of trial Court and not in proceedings under Section 482 Cr....
Criminal proceedings should not continue if they arise from a civil dispute and lack criminal elements, as this constitutes an abuse of process.
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