Case Note & Summary
The applicant, Suresh Vithalrao Raut, a retired Shop Inspector of Municipal Council, Chandrapur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 77/2014 registered at City Police Station, Chandrapur, for offences under Sections 420 and 468 of the Indian Penal Code. The FIR was lodged by the complainant, Beena Chandrakant Pandit, alleging that the applicant, in connivance with Aadesh Tiwari, forged a license for Shop No. 81 by changing the earlier license of 'Asha Watch Company' to show Aadesh Tiwari as proprietor, despite the shop being leased to her uncle. The applicant contended that the change in the register occurred on 14.2.2003, when he was not in charge, and he merely continued earlier notings, thus no forgery was committed. The State filed a reply alleging collusion. The High Court, after considering the submissions, held that the dispute was essentially civil in nature and the allegations did not disclose a criminal offence. The court noted that the applicant was not in charge at the time of the alleged forgery and the change was made by a previous officer. Consequently, the court quashed the FIR and all proceedings arising therefrom, as continuation would be an abuse of process of court.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Abuse of Process - The High Court held that where the allegations in the FIR do not disclose a criminal offence and the dispute is essentially civil in nature, continuation of criminal proceedings would be an abuse of process of court. The court quashed the FIR as the applicant was not in charge at the time of the alleged forgery and the change in register was made by a previous officer. (Paras 1-5) B) Indian Penal Code - Cheating and Forgery - Sections 420 and 468 IPC - Lack of Prima Facie Case - The court found that the complainant's allegations of forgery and cheating were not supported by evidence, as the applicant merely continued earlier notings and the alleged change occurred before his tenure. The FIR was quashed to prevent abuse of process. (Paras 2-5)
Issue of Consideration
Whether the FIR registered for offences under Sections 420 and 468 IPC should be quashed as an abuse of process of court when the dispute is essentially civil in nature and lacks prima facie evidence of criminal intent.
Final Decision
The High Court allowed the application and quashed the FIR bearing Crime No. 77/2014 registered at City Police Station, Chandrapur, and all proceedings arising therefrom.
Law Points
- Quashing of FIR
- Abuse of process of court
- Civil dispute
- Section 482 Cr.P.C.
- Sections 420 and 468 IPC
