Criminal proceedings cannot be pursued when a dispute fundamentally pertains to civil matters; such misuse of legal processes warrants quashing under Section 482 of the Criminal Procedure Code.

Judgment delivered on 05.08.20205 Hon'ble Pankaj Purohit, J. (Oral)

Both these matters are connected with

each other and controversy involved is also one and the same arising out of the common FIR, hence these are being decided by this common judgment. For the sake of brevity, facts of C482

No.135 of 2024 are taken into consideration.

2. By means of this C482 application, the applicant is seeking quashing of cognizance order dated 19.12.2023 passed by Judicial Magistrate- II, Haridwar in Criminal Case No.3419 of 2023 pertaining to offence under Sections 420 , 506, 120-B IPC along with quashing of FIR No.177 of 2022 registered at P.S. Kankhal, District Haridwar under aforesaid sections.

3. The facts in brief are that an FIR was lodged against the applicant and his two daughters at the behest of respondent no.3 alleging therein that the applicant owes certain sum of money to respondent no.3 and when he was asked to repay the same, he threatened respondent no.3 that if he will ask for any money, he will be killed. It is also alleged that the applicant transferred some advance amount paid by respondent no.3 for delivery of certain herbs in the account of his daughters, (Petitioner in WPCRL No.159 of 2023) so that, no legal proceeding could be initiated against him for recovery of the said amount.

4. The learned counsel for the applicant submits that the applicant is the owner of two firms namely, M/s Shivaji Global Exports and Shiva Mahadev Overseas which are engaged in importing and exporting of edible goods from different countries. He further submits that the firms of the applicant were engaged in business relationship with respondent no.3 between the period of 2008 to 2018. He submits that during the said period multiple products were demanded by respondent no.3 which were accordingly delivered by the applicant. He further submits that initial dispute arose when in 2017, respondent no.3 asked for supply of Crude Sun Flower Oil which was even imported by the applicant but as respondent no.3 did not eventually purchase the said oil; applicant suffered a huge loss of Rs.4 crore. He further submits that respondent no.3 i.e. Patanjali Ayurveda Ltd. engages in selling of Swadeshi Products which are granted some tax exemptions and in 2022, when the applicant asked respondent no.3 for issuance of “C” forms so that he could claim tax exemptions, but even after repeated reminders these were not delivered by respondent no.3. Because of which, a notice was issued by the tax department on 29.08.2022 stating therein that if the applicant does not submit the required form he will have to pay taxes to the tune of Rs.7,75,96,555/- and could also face blacklisting. As a result of this notice, the applicant was forced to write a letter dated 05.05.2022 to respondent no.3 stating therein that if they do not issue him form “C” for the goods supplied to them the applicant will be forced to bring out the malpractices i.e. selling of imported goods in the name of Swadesi Products, adopted by respondent no.3 in front of the general public as well the Government of India. He further submits that the impugned FIR was lodged immediately after this e-mail as the respondent no.3 was frightened that if they do not engage the applicant in false cases he may expose the business malpractices of respondent no.3. He further submits that respondent no.3 impleaded the married daughters of the applicant to trouble and coerce him so that he does not bring out the truth of respondent no.3. He submitted that money