Gaurav Parashar & Others vs Jagdish Chandra Joshi

N.S. Dhanik, J

This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the summoning order dated 12.3.2014 and the entire proceedings of the Criminal Complaint Case No. 178/2014, Jagdish Chandra Joshi v. Govind Ram & Others, under Sections 420, 506 IPC, pending before the Court of Judicial Magistrate, Haldwani, District Nainital.

It is the admitted case of the parties that the complainant/respondent purchased a piece of plot from the applicants. Indisputably, there is a dispute of pathway near that plot between the parties. Complainant/respondent moved a complaint under Section 133 CrPC before the Sub Divisional Magistrate to remove the obstacles raised by the applicants in which summons have been issued to the applicants, who submitted their objections. For the same dispute, the complainant/respondent filed another complaint under Section 156(3) CrPC in which, after recording the statements under Sections 200 and 202 CrPC, the impugned summoning order has been issued by the learned Magistrate asking the applicants to face trial for the offences under Sections 420 and 506 IPC.

Learned Counsel for the applicants contended that the impugned complaint has been filed in order to exert pressure on the applicants. He further contended that the dispute is purely civil in nature and the present criminal proceedings are abuse of the process of Court.

As stated above, it is the admitted case that the complainant purchased a piece of plot and there is some dispute on the issue of pathway near the said plot. I find substance in the contention of learned Counsel for the applicants that the dispute is purely civil in nature. Admittedly, a Civil Suit No. 41 of 2013 pertaining to the disputed land is pending before the Civil Judge (Jr. Div.), Haldwani, District Nainital.

Even otherwise, on a plain reading of the allegations made in the complaint and even if all the allegations made therein are taken as true, in the considered opinion of this Court, they did not constitute any criminal offence as defined under Sections 420 and 506 IPC. In the impugned complaint, there is not even a whisper of criminal intimidation. The issue is purely civil in nature and the course obviously is the civil Court of competent jurisdiction.

It is a settled law that while exercising the inherent powers under Section 482 CrPC, a complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused. In the case of M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors, AIR 2006 SC 2780, Hon'ble Supreme Court observed that a given set of facts may make out (a) purely a civil wrong; or (b) purely a criminal offence; or (c) a civil wrong as also a criminal offence. The Supreme Court held that the test is whether the allegations in the complaint disclose a criminal offence or not and further observed as under:

"While on this issue, it is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases. This is obviously on account of a prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable break down of marriages/families. There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement.

Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure though criminal prosecution should be deprecated and discouraged."

In view of what has been set forth above, I am of the view that the allegations made in the complaint even if the considered on the face value, a prima facie case is not made out against the applicants and it is a fit case to exercise inherent powers under Section 482 CrPC.

Consequently, the present C482 application is allowed. Impugned summoning order dated 12.3.2014 and the entire proceedings of the Criminal Complaint Case No. 178/2014, Jagdish Chandra Joshi v. Govind Ram & Others, under Sections 420, 506 IPC, pending before the Court of Judicial Magistrate, Haldwani, District Nainital, are hereby quashed. Inform the Court concerned accordingly.