Case Note & Summary
The applicant, Amol Bhaskar Sulakhe, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.291 of 2021 registered at Barshi Police Station for offences under Sections 441, 447, 448, 504, and 506 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.3, Chirantan Dinkar Sulakhe, who is a family member. The dispute originated from a partnership firm established in 1952 by their grandfather. Differences arose among the third-generation family members. On 5th April 2021, the applicant filed a civil suit seeking injunction against respondent No.3. On 24th June 2021, the applicant lodged an FIR against respondent No.3 for offences under Sections 504, 506, and 509 IPC. Within 1.5 hours, respondent No.3 filed a counter-complaint against the applicant, which is the subject FIR. The court noted that the dispute is essentially civil in nature, relating to property and possession, and that the FIR was filed as a counterblast to the applicant's earlier FIR. The court held that continuing criminal proceedings would be an abuse of process of law and quashed the FIR to prevent miscarriage of justice.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Civil Dispute - FIR lodged by respondent-complainant against applicant for offences under Sections 441, 447, 448, 504, 506 IPC arising out of a family property dispute - Court held that the dispute is purely civil in nature and the FIR is an abuse of process of law - Quashed the FIR to prevent miscarriage of justice (Paras 1-10).
Issue of Consideration
Whether an FIR lodged in a family property dispute, where the allegations are civil in nature, can be quashed under Section 482 CrPC to prevent abuse of process of law.
Final Decision
The court allowed the application and quashed FIR No.291 of 2021 registered at Barshi Police Station for offences under Sections 441, 447, 448, 504, and 506 of the Indian Penal Code, 1860.
Law Points
- Quashing of FIR under Section 482 CrPC
- Civil dispute not to be criminalized
- Malicious prosecution
- Abuse of process of law
Case Details
2024 LawText (BOM) (04) 56
Criminal Application No.651 of 2021
A. S. Chandurkar, Jitendra Jain
Mr. Aditya Ajgaonkar a/w. Ms. Rupal Srimal i/b. Mr. H. M. Inamdar for the Applicant, Mr. K. V. Saste, APP for Respondent Nos.1 and 2-State, Mr. Sagar Kursija for Respondent No.3
The State of Maharashtra, Senior Inspector of Police, Barshi Police Station, Chirantan Dinkar Sulakhe
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Nature of Litigation
Criminal application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR No.291 of 2021 registered at Barshi Police Station
Filing Reason
The applicant alleged that the FIR was a counterblast to his earlier FIR and the dispute was civil in nature, amounting to abuse of process of law.
Previous Decisions
No previous decisions mentioned; civil suit filed by applicant on 5th April 2021 is pending without any orders.
Issues
Whether the FIR lodged by respondent No.3 against the applicant for offences under Sections 441, 447, 448, 504, 506 IPC is liable to be quashed under Section 482 CrPC as the dispute is civil in nature and the FIR is a counterblast.
Submissions/Arguments
The applicant argued that the dispute is purely civil in nature and the FIR was filed as a counterblast to his earlier FIR, constituting an abuse of process of law.
The respondent-State and respondent No.3 opposed the quashing, but the court found merit in the applicant's submissions.
Ratio Decidendi
When a dispute is essentially civil in nature and criminal proceedings are initiated as a counterblast to a prior complaint, continuing such proceedings would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
This application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.291 of 2021 of the Indian Penal Code, 1860 lodged by Respondent No.3-Complainant.
We are informed that there are no orders passed in the said civil suit.
On the very same day i.e. 24th June 2021, the Respondent No.3-Complainant made a complaint with the Police Station against the Applicant and an FIR came to be lodged for offences under Sections 441, 447, 448, 504 and 506 of the IPC against the Applicant.
Procedural History
The applicant filed a civil suit on 5th April 2021. On 24th June 2021, the applicant lodged an FIR against respondent No.3. Within 1.5 hours, respondent No.3 filed a counter-complaint leading to the impugned FIR. The applicant then filed this application under Section 482 CrPC for quashing of the FIR.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Sections 441, 447, 448, 504, 506, 34, 509
