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 1985 and developed a layout, handing over roads to the Municipal Council. The respondent allegedly closed the layout road by encroachment and did not construct as per sanctioned plan. The applicant brought this to the notice of authorities. The respondent filed the criminal complaint alleging that the applicant and others trespassed and damaged his property. The applicant argued that the dispute was civil in nature and the criminal complaint was an abuse of process. The court examined the complaint and found that the allegations did not disclose any criminal offence; the dispute was essentially about land and road rights. The court held that criminal proceedings cannot be used to settle civil disputes and quashed the complaint and the order issuing process.
Headnote
A) Criminal Procedure Code - Quashing of Criminal Complaint - Section 482 CrPC - Abuse of Process of Law - The applicant sought quashing of criminal complaint alleging trespass and unlawful assembly. The court held that the dispute was essentially civil in nature regarding land and road rights, and the criminal complaint was filed to pressurize the applicant. The complaint did not disclose any criminal offence and was an abuse of process of law. (Paras 1-25)
B) Indian Penal Code - Criminal Trespass and Unlawful Assembly - Sections 447, 448, 454, 147, 148, 149, 427 IPC - Civil Dispute - The allegations in the complaint pertained to encroachment on a municipal road and construction without sanction. The court found that the dispute was civil and the criminal complaint was not maintainable. The proceedings were quashed. (Paras 1-25)
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 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 Chief Judicial Magistrate, Gadchiroli.
Law Points
- Criminal proceedings cannot be used as a tool for recovery of possession
- Civil dispute cannot be converted into criminal case
- Quashing of FIR under Section 482 CrPC when allegations do not constitute criminal offence
- Abuse of process of law
Case Details
2016 LawText (BOM) (01) 143
Criminal Application (APL) No.153 of 2011
Mr. M.P. Khajanchi for Applicant, Mr. M.A. Kadu 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
Quashing of Criminal Complaint Case No. 99 of 2010 and order dated 20th November, 2010 passed by Chief Judicial Magistrate, Gadchiroli.
Filing Reason
The applicant alleged that the criminal complaint was filed by respondent no.2 to pressurize him in a civil dispute regarding land and road rights, and the complaint did not disclose any criminal offence.
Previous Decisions
The Chief Judicial Magistrate, Gadchiroli, issued process against the applicant and others on 20th November, 2010.
Issues
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 civil in nature and the complaint is an abuse of process of law.
Submissions/Arguments
The applicant argued that the dispute is civil in nature regarding land and road rights, and the criminal complaint is an abuse of process of law.
The respondent argued that the applicant and others committed criminal trespass and damaged property.
Ratio Decidendi
Criminal proceedings cannot be used as a tool for recovery of possession or to settle civil disputes. When the allegations in a complaint do not disclose any criminal offence and the dispute is essentially civil in nature, the criminal proceedings amount to an abuse of process of law and 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...
The court held that the dispute was essentially civil in nature and the criminal complaint was an abuse of process of law.
Procedural History
The respondent no.2 filed Criminal Complaint Case No. 99 of 2010 before the Chief Judicial Magistrate, Gadchiroli, on 5th October, 2010. The learned Magistrate issued process against the applicant and others on 20th November, 2010. The applicant then filed the present application under Section 482 CrPC for quashing the complaint and the order.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 447, 448, 454, 147, 148, 149, 427
