Case Note & Summary
The petitioner, Smt. Sudha Banarasilal Sharma, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code seeking quashing of FIR No. C.R.No.356/2010 registered with Chembur Police Station, Mumbai, and the consequent criminal case C.C.No.394/PW/12 pending before the learned Metropolitan Magistrate, 11th Court, Kurla, Mumbai, for offences punishable under Sections 465, 467, 471, 420 and 120-B of the Indian Penal Code. The FIR was lodged by respondent No.2, K.P. Shankaran Nair, alleging that the petitioner and others, as members of the FSI Committee of the Blue Diamond View Co-operative Housing Society, had committed forgery and cheating in the allotment of additional 23 flats constructed using the society's balance FSI and TDR. The respondent claimed that the committee had decided to allot flats only to existing members based on the size of their current flats, but the petitioner and others allegedly manipulated documents and allotted flats to outsiders. The petitioner contended that the dispute was purely civil in nature regarding the management of society affairs and lacked any criminal intent. The court, after hearing the petitioner's counsel and the state's APP, observed that the allegations primarily pertained to civil rights and obligations among society members, and no criminal intent was made out. The court held that continuing the criminal proceedings would be an abuse of the process of law and accordingly quashed the FIR and the pending criminal case.
Headnote
A) Criminal Law - Quashing of FIR - Abuse of Process - Sections 465, 467, 471, 420, 120-B IPC - Dispute regarding allotment of additional flats in a cooperative society - Allegations of forgery and cheating in execution of documents - Court held that the dispute is essentially civil in nature and lacks criminal intent, hence FIR liable to be quashed to prevent abuse of process (Paras 1-8).
Issue of Consideration
Whether the criminal proceedings for offences under Sections 465, 467, 471, 420 and 120-B of IPC should be quashed as the dispute is essentially civil in nature and lacks criminal intent.
Final Decision
The court allowed the petition and quashed FIR No. C.R.No.356/2010 registered with Chembur Police Station and C.C.No.394/PW/12 pending before the learned Metropolitan Magistrate, 11th Court, Kurla, Mumbai.
Law Points
- Quashing of FIR
- Abuse of process of court
- Civil dispute masquerading as criminal case
- Sections 465
- 467
- 471
- 420
- 120-B IPC
- Article 226 Constitution of India
- Section 482 CrPC
Case Details
2024 LawText (BOM) (02) 169
Criminal Writ Petition No. 781 of 2011
A.S. Gadkari, Shyam C. Chandak
Mr. Pritam P. Runwal a/w. Mr. Anil B. Khopde for the Petitioner, Mrs. A.A. Takalkar, APP for the State
Smt. Sudha Banarasilal Sharma
The State of Maharashtra and K.P. Shankaran Nair
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Nature of Litigation
Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of CrPC seeking quashing of FIR and criminal proceedings.
Remedy Sought
Petitioner sought quashing of FIR No. C.R.No.356/2010 and C.C.No.394/PW/12 pending before the Metropolitan Magistrate, Kurla, Mumbai.
Filing Reason
Petitioner alleged that the FIR was based on a civil dispute regarding allotment of additional flats in a cooperative society and lacked criminal intent, thus amounting to abuse of process.
Previous Decisions
Rule was issued on 15th February 2012. Respondent No.2's advocate had waived service but later did not appear at hearing.
Issues
Whether the criminal proceedings for offences under Sections 465, 467, 471, 420 and 120-B of IPC should be quashed as the dispute is essentially civil in nature and lacks criminal intent.
Submissions/Arguments
Petitioner argued that the dispute is purely civil regarding management of society affairs and no criminal offence is made out.
State's APP opposed the petition, but the court found merit in petitioner's submissions.
Ratio Decidendi
When the allegations in the FIR primarily pertain to a civil dispute regarding rights and obligations among members of a cooperative society, and no criminal intent is made out, continuing criminal proceedings would be an abuse of the process of law. Hence, the FIR and consequent proceedings are liable to be quashed under Section 482 CrPC read with Article 226 of the Constitution.
Judgment Excerpts
Present Petition filed under Article 226 of the Constitution of India read with section 482 of the Criminal Procedure Code, is seeking to quash C.R.No.356/2010 registered with Chembur Police Station, Mumbai and C.C.No.394/PW/12 arising out of the said crime...
Record indicates that, by an Order dated 15th February 2012, Rule was issued.
Procedural History
The petitioner filed Criminal Writ Petition No. 781 of 2011 in the High Court of Judicature at Bombay seeking quashing of FIR and criminal proceedings. Rule was issued on 15th February 2012. The petition was heard on 15th January 2024 and judgment pronounced on 28th February 2024.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 465, 467, 471, 420, 120-B
- Constitution of India, 1950: Article 226
- Code of Criminal Procedure, 1973 (CrPC): Section 482
