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2021 Supreme(UK) 166
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
N.S. DHANIK, J.
Hemant Dwivedi - Applicant
Versus
State of Uttarakhand and others - Respondents
Criminal Misc. Application No. 79 of 2020
Decided on : 18-08-2021
Advocate Appeared:
For the Appellant : Mr. Rakesh Thapliyal, learned Senior Counsel assisted by Mr. Pankaj Chaturvedi, adv
For the Respondent: Mrs. Mamta Joshi, adv
Point of Law: Cheating - Charge-sheet quashed - Report of SDM is taken on record and if any of parties is aggrieved by the SDM report, same may be assailed in accordance with law.
Headnote:
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code,1860 - Sections 420, 447, 504 & 506 – Intentional insult With Intent To provoke breach – Criminal Intimidation - Particularly judgment and order of Hon’ble Apex Court, it is crystal clear that dispute was purely of land dispute for which criminal proceedings were lodged. - Court observed that criminal process is used to settle that dispute - Demarcation report leaves little in doubt about ground situation and thus, we are of the view that there is no requirement for criminal process to go on and quashed criminal process initiated in pursuance to FIR lodged against applicant with liberty to private respondent to assail report of SDM.
Finding of the Court:
Court dispute really is one of a civil nature relating to land in question and criminal process is being used to settle that dispute - Demarcation report leaves little in doubt about ground situation and Court view that there is no requirement for criminal process to go on. Learned counsel for respondents states that they seriously dispute report of SDM, and naturally so, as it does not now favour them - Court have not precluded them from challenging the report in accordance with law - Court above, impugned criminal proceedings cannot be allowed to be continued Hon’ble Apex Court has quashed criminal process pursuant to FIR lodged by private respondent no. 3 and impugned proceedings are passed pursuant to the charge- sheet filed against the accused applicant after investigation in the said.
Result: Application is allowed
JUDGMENT :
The present criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant seeking the following reliefs:
(i) Quash the charge-sheet No. 15 of 2018 dated 22.12.2018 pursuant to FIR No. 06 of 2018 for the offences cognizable under Section 420, 447, 504 & 506 IPC.
(ii) Quash the cognizance order dated 19.02.2019 passed by learned Chief Judicial Magistrate, Nainital in Criminal Case No. 361 of 2019, “State v. Hemant Dwivedi” pursuant to FIR No. 06 of 2018 for the offences cognizable under Section 420, 447, 504 & 506 IPC, as well as the entire proceeding of the said criminal case.
2. Brief facts of the case are that, respondent no. 3 lodged an FIR against the accused applicant on 04.03.2018, alleging offence under Sections 420, 447, 504 & 506 IPC against the accused applicant. Accused applicant challenged the said FIR by filing Criminal Writ Petition No. 448 of 2018.
3. Since during the pendency of the said writ petition charge-sheet was submitted against the petitioner, this Court dismissed the said writ petition as infructuous vide order dated 07.01.2019. The main ground of challenge raised in the said writ petition was that it was an actually land dispute and the complainant has wrongly initiated the criminal proceedings against the accused applicant.
4. After dismissal of the said writ petition, the accused applicant approached the Hon’ble Apex Court and the Hon’ble Apex Court vide its order dated 08.02.2019 directed that no coercive steps shall be taken against the accused applicant. However, since the trial court was regularly issuing summons to the accused applicant, the present C482 application was filed challenging the charge-sheet filed against the accused applicant. Meanwhile, vide order dated 06.12.2019, the Hon’ble Apex Court directed the Collector Nainital to issue necessary instructions to the SDM to carry out the demarcation in the presence of both the parties and sought the report of demarcation along with the covering report of the Collector. Accordingly, the demarcation was done and report was submitted and thereafter, the Hon’ble Apex Court vide its order dated 03.11.2020 disposed of the appeal of the accused applicant by observing that
“we find that the dispute really is one of a civil nature relating to the land in question and the criminal process is being used to settle that dispute. The demarcation report leaves little in doubt about the ground situation and thus, we are of the view that there is no requirement for the criminal process to go on. Learned counsel for the respondents states that they seriously dispute the report of the SDM, and naturally so, as it does not now favour them. We have not precluded them from challenging the report in accordance with law”.
5. The Hon’ble Apex Court passed the following directions while disposed of the appeal of the accused applicant:
“In view of the aforesaid, the appeal is disposed of with the following directions:
(i) The criminal process initiated in pursuance to FIR No. 6 of 2018 dated 04.03.2018 registered at PS Bhimtal stands quashed.
(ii) The report of the SDM is taken on record and if any of the parties is aggrieved by the SDM report, the same may be assailed in accordance with law.
(iii) The possession at present will be maintained by the parties in accordance with the report of the SDM subject to any adjudication which may take place as aforesaid.
The appeal is accordingly allowed leaving parties to bear their own costs.”
6. Learned Senior Counsel for the applicant further prayed that the present petition be decided in the light of the judgment and order dated 03.11.2020 passed by the Hon’ble Apex Court in Special Leave to Appeal (Crl.) No. 1108 of 2019.
7. Learned State Counsel fairly concedes that the present criminal misc. application may be decided as per the judgment and order dated 03.11.2020 passed by the Hon’ble Apex Court.
8. It is pertinent to mention here that despite sufficient service on respondent no. 3 and filing of Va
