IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ K. TIWARI, J.
Smt. Kavita Kothari & others - Applicants
Versus
State of Uttarakhand and another - Respondents
Criminal Miscellaneous Application No. 23 of 2014
Decided On : 13-02-2019
Abuse of Process of Court - Criminal Proceedings - I.P.C. - Sections 457, 380, 506, 323, 504, 452, 427, 447, 448, 451, 420, 467, 468, 469, 471, 120B - Order 39 Rule 2-A of Code of Civil Procedure
Fact of the Case:
Applicants sought quashing of charge-sheet and cognizance order due to multiple civil disputes being converted into criminal cases by the respondent. The court found the summoning order to be mechanical and without thoughtful consideration of relevant aspects.
Finding of the Court:
The court concluded that the successive FIRs and criminal complaints were an abuse of the court's process and that the allegations were not sufficient for initiating criminal proceedings.
Issues: Abuse of process of court, mechanical summoning order, conversion of civil disputes into criminal cases
Ratio Decidendi: The court emphasized that converting civil disputes into criminal ones should not be encouraged and that the summoning order lacked thoughtful consideration of relevant aspects.
Final Decision: The criminal miscellaneous application was allowed, and the summoning order and entire proceedings of the criminal case were quashed.
1. By means of this application under Section 482 Cr.P.C., applicants have sought quashing of charge-sheet dated 10.05.2012 as well as cognizance order dated 14.12.2012 passed by learned Magistrate. The applicants have also sought quashing of entire proceedings of Criminal Case No. 2084 of 2012 pending in the Court of learned Judicial Magistrate, Rishikesh.
2. Applicant No. 1 owns certain properties in Village Haripur Kalan, Tehsil Rishikesh, District Dehradun, which she purchased by means of two separate sale deeds dated 24.01.2007 and 25.01.2007. Respondent No. 2 has also purchased an adjoining property and some dispute arose between them, which led to filing of a suit for permanent injunction by applicant No. 1, which was registered as Original Suit No. 26 of 2007 in the Court of Civil Judge (Junior Division), Rishikesh, District Dehradun. Learned Civil Judge (Junior Division), Rishikesh vide order dated 12.03.2007 granted temporary injunction in favour of applicant No. 1, thereby restraining respondent No. 2, his servants, agents etc. from interfering with the peaceful possession of applicant No. 1.
3. Learned counsel for the applicants submits that barely within four days of passing of order of temporary injunction, respondent No. 2 got an FIR lodged through his agent -Smt. Sheela Devi on 16.03.2007 against the applicants, which was registered as Case Crime No. 28 of 2007, under Sections 457, 380 and 506 of I.P.C. in Police Station Raiwala Rishikesh, District Dehradun. The Investigating Officer, after investigation, submitted closure report before learned Magistrate. Learned counsel for the applicants further submits that a protest petition has been filed by the complainant against the closure report and learned Magistrate has directed further investigation in the matter.
4. Learned counsel for the applicants further submits that thereafter respondent No. 2, along with one Sri Suraj Bhan, filed a suit for cancellation of sale deeds dated 24.01.2007 and 25.01.2007 executed in favour of applicant No. 1 by the erstwhile owner of the property. Relief of permanent injunction was also sought in the said suit, which has been registered as Original Suit No. 375 of 2007 in the court of Civil Judge (S.D.), Dehradun, which is still pending. Learned trial court passed an interim order in the said suit directing the parties to maintain status quo.
5. He further submits that subsequently, applicant No. 2 lodged an FIR against respondent No. 2 on 01.10.2009, which was registered as Case Crime No. 113 of 2009 under Sections 323, 504, 506, 452 & 427 of I.P.C. at Police Station Raiwala Rishikesh, District Dehradun, which resulted in submission of closure report. Learned counsel for the applicants submits that protest petition was filed against the closure report, which is still pending.
6. Learned counsel for the applicants submits that respondent No. 2 lodged criminal complaint against applicants under Sections 447, 448, 451, 380, 420, 467, 468, 469, 471, 504, 506 and 120B of I.P.C. on 20.02.2009. After recording the statement of the complainant under Section 200 of Cr.P.C. and witnesses under Section 202 of Cr.P.C., learned Chief Judicial Magistrate took cognizance and summoned the applicants under Sections 420, 468 and 469 of I.P.C. vide order dated 30.03.2010. Applicants challenged the summoning order and the proceedings pending before learned Chief Judicial Magistrate, Dehradun by filing criminal miscellaneous application No. 1151 of 2010 and a coordinate Bench of this Court stayed further proceedings of the case vide order dated 26.11.2010. The said criminal miscellaneous application under Section 482 Cr.P.C. was ultimately allowed by this Court vide judgment and order dated 27.09.2013 and the entire proceedings of Criminal Case No. 410 of 2009, under Sections 420, 468 and 471 of I.P.C. pending in the court of learned Chief Judicial Magistrate were quashed qua applicants.
7. Learned counsel for the applicants further subm
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