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Judgment
R.P. Dholakia, J.—Heard the learned Counsel for the petitioners, Mr. Suthar for Mr. N.K.Majmudar and the learned APP, Ms. Chetanaben Shah, for the respondent No. 1. Though rule issued to the respondent No. 2 has been duly served, he has chosen not remain present either personally or through advocate.
Mr. Suthar has taken me through the FIR Annexure-A which prima facie shows that there is a civil dispute which has been tried to be converted into criminal one by way of filing FIR before Okha Police Station for the offence punishable under Sections 406, 420 and 114 of IPC against the present petitioners on 7-4-2003 for the offence alleged to have taken place between 1-9-1999 and 13-11-1999 registered as Okha Police Station I.C.R. No. 18 of 2003. Hence, the present petition u/s 482 of the Code of Criminal Procedure has been filed for quashing of the said FIR.
It is mainly argued by Mr. Suthar that it was the case of additional rent amount which was alleged to have been taken by the present petitioners, who had actually transported the goods but the main rent amount has been given to the complainant. According to him, at the most it is a case of cheating and or misappropriation.
Today this matter has been placed before this Court.
I have gone through the FIR in question and the ingredients therein. There appears to be a case of dispute regarding the additional enhanced rent which is purely a civil dispute which has been tried to be converted into criminal one by the complainant. This is nothing but misuse of the process of law. Hence, the impugned complaint is required to be quashed and set aside.
Hence, the present petition is allowed. FIR being I.C.R. No. 18 of 2003 filed before Okha Police Station is quashed and set aside. Rule is made absolute.