Case Note & Summary
The petitioners, Tahir Vasanali Isani and Zeenath Isani, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking quashing of FIR No.291/2013 dated 16/07/2013 and the chargesheet filed against them in Criminal Case No.16/2016/D pending before the J.M.F.C., Panaji. The FIR was lodged by respondent no.2, Chowgule & Company Private Limited, alleging that the petitioners with common intention trespassed into premises possessed by the respondent no.2, lurked therein, and caused damage by making alterations, thereby committing offences punishable under Sections 447, 448, 453 and 427 read with Section 34 of the Indian Penal Code. The petitioners contended that the dispute was essentially civil in nature regarding possession and alterations to the property, and the criminal proceedings were an abuse of the process of court. The respondent no.2 opposed the petition, arguing that the allegations disclosed criminal offences. The court, after hearing the parties, found that the dispute was predominantly civil in nature and that the criminal machinery was being used to settle a civil dispute. The court held that continuing the criminal proceedings would be an abuse of the process of court and quashed the FIR and chargesheet to prevent miscarriage of justice.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Abuse of Process - Dispute between parties regarding possession and alterations to property was essentially civil in nature - Criminal proceedings initiated by respondent no.2 against petitioners for trespass and mischief held to be an abuse of process of court - FIR and chargesheet quashed to prevent miscarriage of justice (Paras 4-6).
Issue of Consideration
Whether the FIR and chargesheet for offences under Sections 447, 448, 453 and 427 r/w 34 IPC should be quashed on the ground that the dispute is essentially civil in nature and the criminal proceedings are an abuse of the process of court.
Final Decision
The court allowed the petition and quashed the FIR No.291/2013 dated 16/07/2013 and the chargesheet filed in Criminal Case No.16/2016/D pending before the J.M.F.C., Panaji.
Law Points
- Criminal proceedings cannot be used as a tool for recovery of possession or to settle civil disputes
- Quashing of FIR when dispute is predominantly civil in nature
- Abuse of process of court when criminal machinery is used for civil remedies
Case Details
2017 LawText (BOM) (04) 174
Criminal Writ Petition No.27 of 2017
F. M. Reis, Nutan D. Sardessai
Shri J. Godinho for petitioners, Shri P. Faldessai for respondent no.1/State, Shri P. Karpe for respondent no.2
Tahir Vasanali Isani and Zeenath Isani
State of Goa and Chowgule & Company Private Limited
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Nature of Litigation
Criminal Writ Petition under Section 482 Cr.P.C. for quashing of FIR and chargesheet
Remedy Sought
Quashing of FIR No.291/2013 dated 16/07/2013 and chargesheet in Criminal Case No.16/2016/D
Filing Reason
Petitioners alleged that the dispute was civil in nature and criminal proceedings were an abuse of process
Issues
Whether the FIR and chargesheet for offences under Sections 447, 448, 453 and 427 r/w 34 IPC should be quashed on the ground that the dispute is essentially civil in nature and the criminal proceedings are an abuse of the process of court.
Submissions/Arguments
Petitioners argued that the dispute regarding possession and alterations to the property was essentially civil in nature and the criminal proceedings were an abuse of the process of court.
Respondent no.2 contended that the allegations in the FIR disclosed criminal offences of trespass and mischief.
Ratio Decidendi
Criminal proceedings cannot be used as a tool for recovery of possession or to settle civil disputes. When the dispute is essentially civil in nature, continuing criminal proceedings would be an abuse of the process of court and liable to be quashed under Section 482 Cr.P.C.
Judgment Excerpts
The petitioners seek to quash the F.I.R. registered under No.291/2013 dated 16/07/2013 and the Chargesheet filed against them based on the complaint filed by the respondent no.2 in the Court of the J.M.F.C.,Panaji bearing Criminal Case No.16/2016/D.
It was the case of the respondent no.2 that the petitioners with their common intention had trespassed and lurked into the premises possessed by the respondents no.2 and caused damage by making alteration to the property thereby committing the offences punishable under Section 447, 448, 453 and 427 r/w. Section 34 I.P.C.
Procedural History
FIR No.291/2013 was registered on 16/07/2013. Chargesheet was filed and Criminal Case No.16/2016/D was pending before the J.M.F.C., Panaji. The petitioners filed Criminal Writ Petition No.27 of 2017 before the High Court of Bombay at Goa seeking quashing of the FIR and chargesheet. The court heard the parties and allowed the petition on 20/04/2017.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 447, 448, 453, 427, 34
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
