Criminal proceedings arising from purely civil tenancy disputes, where essential ingredients of cheating or breach of trust are absent and the FIR is utilized as a counterblast to civil litigation, constitute an abuse of process and may be quashed under Section 482 Cr.P.C.

Order

1. This petition has been preferred under Section 482 of the Code of Criminal Procedure (528 B.N.S.S) for quashing of the FIR No.557/2023 registered at police station Shipra Path, Jaipur City (South) against the petitioner for the offences punishable under Sections 420 and 406 of the Indian Penal Code at the instance of respondent-Dinesh Kumar.

2. The learned counsel for the petitioner submits that the controversy arises out of a purely commercial and tenancy arrangement, which has been sought to be given a criminal colour by the private respondent. The petitioner, Ashutosh Parashar, being the owner of the premises in question, was approached by the private respondent, Dinesh Kumar, on or about 27.05.2023 with a proposal to take the said premises on rent at a mutually settled monthly rent of Rs.1,00,000/-. It is submitted that, at the insistence and representation of the private respondent, the petitioner undertook substantial renovation of the premises so as to render it suitable for the respondent’s requirements, on the clear understanding between the parties that a formal written lease agreement would be executed upon completion of such renovation work.

3. On or about 31.05.2023, upon completion of the renovation work, the private respondent took possession of the premises along with its keys. However, he failed and neglected to pay the agreed advance rent for a period of two months and resiled from his assurance to execute a formal rent agreement. It is further submitted that the private respondent, instead of regularizing his occupation, refused to vacate the premises and started creating nuisance, thereby continuing in unauthorized and illegal possession of the property.

4. Aggrieved by such conduct and breach of understanding, the petitioner was constrained to seek recourse in accordance with law. The petitioner initially approached the jurisdictional police authorities by way of a complaint dated 06.06.2023. Upon failure of the police to take any action, the petitioner addressed a formal representation on 12.06.2023 and subsequently preferred a complaint before the learned Magistrate on 21.06.2023. The learned Magistrate, upon consideration of the material placed on record, passed an order dated 03.07.2023 directing the police to register a First Information Report and to submit an investigation report in accordance with law.

5. Upon becoming aware of the initiation of legal proceedings against him, the private respondent, with a view to retaliate, proceeded to lodge a counter complaint. He approached the concerned police station on 27.06.2023 alleging, inter-alia, that the petitioner had received a sum of Rs.1,70,000/- from him and had thereafter refused to execute the rent agreement. Acting upon the said allegations, the impugned FIR bearing No. 557/2023 came to be registered at Police Station Shipra Path, Jaipur City (South), for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

6. The learned counsel for the petitioner submits that the aforesaid FIR is nothing but a gross abuse of the process of law, having been instituted solely as a counterblast to the proceedings initiated by the petitioner, with the oblique motive of evading eviction and exerting undue pressure for settlement of what is essentially a civil dispute arising out of a tenancy transaction and hence the FIR dated 27.06.2023 registered against the petitioner is liable to be quashed and set aside. Petitioner filed a petition under Section 18 of Rent Control Act before the Rent Control Tribunal, Jaipur Met