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IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Manoj Bajaj,J.
Sanajy Gaur Advocate – Appellant
Versus
State Of U.P – Respondent
JUDGMENT :
Manoj Bajaj, J.
1.Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the impugned charge sheet under Section 173 (2) Cr.P.C. dated 24.3.2012, cognizance order dated 30.7.2012 passed by Additional Chief Judicial Magistrate-I, Sitapur and the entire proceedings of Criminal Case No. 2618 of 2011, titled State Vs. Anees Khan and others , arising out of Case Crime No. 156 of 2011, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Laharpur, District Sitapur.
2. Briefly, the facts leading to the petition are that on the basis of a written complaint given by Rakesh Kumar Gupta, Advocate- opposite party no.2, the above noticed case crime was registered, wherein it is alleged that the land comprised in Gata No. 592 measuring 0.809 hectares, owned by Savitri Devi D/o Awadh Baksh Singh was purchased by complainant through Jamuna Prasad S/o Puttu Lal. In the said sale deed, Jamuna Prasad got entered names of his daghter-in-law Gyanwati and his friend Anees Khan, therefore, a civil suit bearing no. 132 of 2004, titled Rakesh Kumar Vs. Savitri Devi and others was filed to seek a decree of declaration for
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 main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
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 ....
Inordinate delay in filing of criminal proceeding amounts to abuse of process of law.
The court emphasized that the exercise of inherent powers under Section 482 Cr.P.C. should be sparingly and circumspectly exercised, and only in the rarest of rare cases.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
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