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MANJU RANI CHAUHAN
Ramandeep Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Rahul Agarwal, Advocate assisted by Mr. Pavan Kishore, Mr. Atul Khaneja, Mr. Venu Gopal, learned counsel for the applicants, Mr. Dharmendra Singh Chauhan, learned counsel for the opposite party No. 2 and Mr. Amit Singh Chauhan, learned AGA-I assisted by Mr. Mayank Awasthi, learned counsel for the State.
2. The applications under Section 482 Cr.P.C. Nos. 22134 of 2023 and 21921 of 2023 have been filed by the applicants seeking to quash the charge-sheet dated 6.12.2022 and cognizance order dated 9.12.2022 as well as the entire proceedings of Case No. 6501 of 2022 (State v. Satveer Singh and others), arsing out of Case Crime No. 0949 of 2022, under Sections 447, 420, 467, 468, 469, 471, 120B IPC and Section 28(1) of U.P. Urban Planing & Development Act 1973, Police Station-Izzat Nagar, District-Bareilly, pending before the Court of Chief Judicial Magistrate, Bareilly.
3. The application under Section 482 Cr.P.C. No. 41154 of 2023 has been filed by the applicant seeking to quash the entire proceedings of Crime No. 949 of 2022 (State v. Jaswar @ Jaswir and others), under Sections 447, 420, 467, 468, 469, 471, 120B IPC and Section 28(1) of U.P.
The court emphasized that civil disputes should not be converted into criminal cases, and found no evidence of criminal wrongdoing by the applicants, leading to the quashing of the charge-sheet.
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 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 pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
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.
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
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