Case Note & Summary
The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complaint Case No. 99 of 2010 filed by respondent no. 2, Goverdhan Chavan, before the Chief Judicial Magistrate, Gadchiroli. The complaint alleged offences under Sections 447, 448, 454, 147, 148, 149, and 427 of the Indian Penal Code, 1860. The applicant had purchased land in Survey No. 2 at Mauje Devapur in 1985, developed a layout, and handed over layout roads to the Municipal Council, Gadchiroli, in 2000-01. The applicant alleged that respondent no. 2 encroached upon the layout road and closed it, causing loss. The respondent no. 2, claiming ownership of adjacent Survey No. 3/4, filed the criminal complaint alleging that the applicant and others trespassed, committed mischief, and rioted. The learned Magistrate issued process against the applicant. The applicant contended that the dispute was purely civil regarding ownership and possession of land and roads, and the criminal complaint was an abuse of process. The court examined the complaint and found that the allegations did not make out the ingredients of criminal trespass, house-trespass, lurking house-trespass, rioting, or mischief. The dispute was essentially civil in nature, and the criminal proceedings were liable to be quashed to prevent abuse of process. The court allowed the application, quashed the complaint and the order issuing process against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of Complaint - Section 482 CrPC - Civil Disguised as Criminal - The court examined whether a complaint alleging criminal trespass, house-trespass, lurking house-trespass, rioting, and mischief should be quashed when the dispute pertains to ownership and possession of land and layout roads. Held that the allegations are essentially civil in nature and do not disclose any criminal offence, and continuing the criminal proceedings would be an abuse of process of court. (Paras 1-25)
B) Indian Penal Code - Criminal Trespass and Mischief - Sections 447, 448, 454, 427 IPC - Ingredients Not Made Out - The court analyzed the complaint and found that the complainant failed to establish exclusive possession or that the accused had no right of access. The dispute over layout roads and encroachment is a civil matter. Held that no criminal offence is made out and the complaint is liable to be quashed. (Paras 10-20)
Issue of Consideration
Whether the criminal complaint filed by respondent no.2 against the applicant for offences under Sections 447, 448, 454, 147, 148, 149 and 427 of IPC should be quashed as the dispute is essentially civil in nature and the complaint is an abuse of process of law.
Final Decision
The court allowed the application and quashed Criminal Complaint Case No. 99 of 2010 and the order dated 20th November, 2010 passed by the learned Chief Judicial Magistrate, Gadchiroli, issuing process against the applicant.
Law Points
- Quashing of criminal complaint
- Civil dispute not to be criminalized
- Section 482 CrPC
- Abuse of process of court
- Ingredients of criminal trespass and mischief
Case Details
2016 LawText (BOM) (01) 142
Criminal Application (APL) No.153 of 2011
Mr. M.P. Khajanchi for the Applicant, Mr. M.A. Kadu, Addl. Public Prosecutor for Respondent No.1/State, Mrs. Vijaya P. Thakare for Respondent No.2
Harish son of Nemichandji Khajanchi
State of Maharashtra and Goverdhan son of Surajmal Chavan
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of criminal complaint and order issuing process.
Remedy Sought
Applicant sought quashing of Criminal Complaint Case No. 99 of 2010 and the order dated 20th November, 2010 passed by the learned Chief Judicial Magistrate, Gadchiroli, issuing process against him.
Filing Reason
The applicant alleged that the criminal complaint filed by respondent no.2 was based on a civil dispute regarding ownership and possession of land and layout roads, and the complaint did not disclose any criminal offence, making it an abuse of process of law.
Previous Decisions
The learned Chief Judicial Magistrate, Gadchiroli, passed an order dated 20th November, 2010 issuing process against the applicant in Criminal Complaint Case No. 99 of 2010.
Issues
Whether the criminal complaint and the order issuing process should be quashed under Section 482 CrPC as the dispute is civil in nature and the complaint is an abuse of process of court.
Submissions/Arguments
The applicant argued that the dispute is purely civil regarding ownership and possession of land and layout roads, and the criminal complaint is a counterblast to the applicant's complaint to the Municipal Council about encroachment. The allegations do not make out any criminal offence.
The respondent no.2 argued that the applicant and others criminally trespassed, committed mischief, and rioted, and the Magistrate rightly issued process.
Ratio Decidendi
The court held that the allegations in the complaint, even if taken at face value, do not make out the ingredients of the offences alleged. The dispute is essentially civil in nature regarding ownership and possession of land and layout roads. Continuing the criminal proceedings would be an abuse of process of court, and hence the complaint and the order issuing process are liable to be quashed under Section 482 CrPC.
Judgment Excerpts
By the present application filed under section 482 of the Code of Criminal Procedure, the applicant (Original accused no. 13) in Criminal Complaint Case No. 99 of 2010 filed by respondent no. 2 for the offences punishable under section 447, 448, 454, 147, 148, 149 and 427 of Indian Penal Code, seeks the following reliefs...
Procedural History
The respondent no.2 filed Criminal Complaint Case No. 99 of 2010 before the Chief Judicial Magistrate, Gadchiroli, alleging offences under Sections 447, 448, 454, 147, 148, 149, and 427 IPC. The learned Magistrate passed an order on 20th November, 2010 issuing process against the applicant (accused no.13). The applicant then filed the present application under Section 482 CrPC before the High Court seeking quashing of the complaint and the order.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 447, 448, 454, 147, 148, 149, 427
