Case Note & Summary
The petitioner, an 85-year-old woman, filed a writ petition seeking quashing of FIR No.21/2015 registered against her under Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014. The FIR was based on an alleged money lending transaction from 1982, where the petitioner purportedly purchased land from Pandurang Ghogare via a registered sale deed, but the complainant claimed it was a loan transaction. The FIR was registered after 33 years, and a civil suit (R.C.S. No.161/1992) was pending between the parties regarding the same sale deed. The court considered the inordinate delay and the pendency of civil litigation. The court held that the delayed FIR was an abuse of process of law and quashed the FIR to prevent harassment of the elderly petitioner.
Headnote
A) Criminal Procedure - Quashing of FIR - Inordinate Delay - FIR under Section 39 of Maharashtra Money-Lending (Regulation) Act, 2014 - Alleged money lending transaction of 1982 - FIR registered in 2015 after 33 years - Civil suit pending regarding same transaction - Held that such delayed FIR amounts to abuse of process of law and is liable to be quashed (Paras 1-4).
Issue of Consideration
Whether an FIR registered after 33 years of the alleged transaction, when civil litigation is pending, can be quashed as an abuse of process of law.
Final Decision
The court quashed the FIR No.21/2015 registered at Police Station Shiradhon under Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014.
Law Points
- Quashing of FIR
- Inordinate delay
- Abuse of process of law
- Section 39 Maharashtra Money-Lending (Regulation) Act
- 2014
Case Details
2015 LawText (BOM) (09) 1
Criminal Writ Petition No.627/2015
S.S. Shinde, A.I.S. Cheema
Shri Undre V.S. for petitioner, Shri K.S. Patil for respondent State
The State of Maharashtra, The in charge Investigation Officer, Police Station, Shiradhon, Bapurao s/o Madhavrao Mane
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Nature of Litigation
Criminal writ petition seeking quashing of FIR
Remedy Sought
Petitioner sought quashing of FIR No.21/2015 registered under Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014
Filing Reason
Petitioner claimed harassment due to FIR registered after 33 years of alleged transaction, with pending civil suit
Previous Decisions
Regular Civil Suit No.161/1992 was filed regarding the sale deed in dispute; judgment in that suit found the sale deed was towards security of loan amount
Issues
Whether FIR registered after 33 years of alleged transaction can be sustained
Whether pendency of civil suit on same subject matter justifies quashing of FIR
Submissions/Arguments
Petitioner argued that the FIR was filed after 33 years, she is 85 years old, and civil litigation is pending, making the FIR an abuse of process
Respondents argued that the petitioner indulged in money lending and the District Level Committee concluded so
Ratio Decidendi
An FIR registered after an inordinate delay of 33 years, when civil litigation is pending regarding the same transaction, amounts to an abuse of process of law and is liable to be quashed to prevent harassment.
Judgment Excerpts
The FIR has been registered after 33 years.
There is civil litigation pending between Pandurang and the petitioner.
The petitioner is 85 years old lady and is being harassed by the filing of the FIR.
Procedural History
FIR No.21/2015 was registered on complaint of respondent no.3. Petitioner filed Criminal Writ Petition No.627/2015 before the Bombay High Court seeking quashing. The court reserved judgment on 11.08.2015 and pronounced on 22.09.2015.
Acts & Sections
- Maharashtra Money-Lending (Regulation) Act, 2014: 39
