Case Note & Summary
The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 13.08.2009 and the entire proceedings in CC No.1633/2009 pending before the JMFC-IV Court, Belagavi. The petitioner contended that the respondent, Lokmanya Multipurpose Co-operative Society Ltd., had filed two parallel proceedings in respect of the same transaction: a criminal complaint before the JMFC and an arbitration proceeding before the Co-operative Society. The petitioner argued that this amounted to an abuse of the process of law. The High Court, after hearing the petitioner's counsel and noting that the respondent's counsel did not appear despite opportunities, found merit in the petitioner's contention. The Court held that filing two parallel proceedings for the same cause of action before different forums is an abuse of the process of law. Consequently, the Court allowed the petition, quashed the order dated 13.08.2009, and dismissed the entire proceedings in CC No.1633/2009.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Abuse of Process of Law - Section 482 Cr.P.C. - Filing of two parallel proceedings in respect of the same transaction before two different forums constitutes an abuse of process of law - The petitioner contended that the respondent filed a complaint before the JMFC and also initiated arbitration proceedings for the same dispute - The High Court held that such parallel proceedings are an abuse of process and quashed the criminal proceedings to prevent multiplicity of litigation (Paras 3-4).
Issue of Consideration
Whether filing of two parallel proceedings in respect of the same transaction before two different forums constitutes an abuse of process of law warranting quashing of the criminal proceedings.
Final Decision
Petition allowed. Order dated 13.08.2009 and entire proceedings in CC No.1633/2009 pending on the file of JMFC-IV Court, Belagavi, are quashed.
Law Points
- Parallel proceedings
- abuse of process of law
- quashing of criminal proceedings
- Section 482 Cr.P.C.
- Articles 226 and 227 of Constitution of India
