Case Note & Summary
The applicants, who were office-bearers of a public trust registered under the Maharashtra Public Trusts Act, 1951, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order issuing process against them and the subsequent dismissal of their revision application. The non-applicant no.1, claiming to be a founder member and Vice-President of the trust, alleged that the applicants had forged a letterhead showing different persons as office-bearers, thereby committing offences under Sections 465, 467, 468, 471, 420, 406, 409, and 120-B of the Indian Penal Code. The applicants contended that the dispute was purely civil in nature, relating to the management of the trust, and that the criminal proceedings were an abuse of process. The court examined the allegations and found that the dispute essentially pertained to who were the valid office-bearers of the trust, which was a civil matter. The court noted that there was no evidence of entrustment of property or dishonest misappropriation to attract criminal breach of trust, nor any fraudulent inducement for cheating. The allegations of forgery were also not substantiated as there was no clear evidence of fabrication of documents. The court held that criminal proceedings cannot be used as a tool for recovery of civil dues or to settle personal scores. Consequently, the court quashed the order issuing process and the revision order, allowing the criminal application.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Dispute regarding office-bearers of a public trust is essentially civil in nature and criminal proceedings cannot be used as a tool for recovery of civil dues or to settle personal scores - Held that where the allegations are purely civil in nature, criminal proceedings are liable to be quashed to prevent abuse of process of court (Paras 10-12). B) Indian Penal Code - Criminal Breach of Trust and Cheating - Sections 406, 409, 420 IPC - Ingredients - For an offence under Section 406 or 409 IPC, there must be entrustment of property and dishonest misappropriation; for Section 420 IPC, there must be fraudulent inducement and delivery of property - Held that in the absence of any such ingredients, the criminal proceedings cannot be sustained (Paras 8-9). C) Indian Penal Code - Forgery - Sections 465, 467, 468, 471 IPC - Essential Ingredients - To constitute forgery, there must be making of a false document with intent to cause damage or injury - Held that mere change in office-bearers without any evidence of fabrication of documents does not attract the offence of forgery (Paras 8-9).
Issue of Consideration
Whether the criminal proceedings initiated against the applicants for alleged forgery, cheating, and criminal breach of trust in relation to a dispute over office-bearers of a public trust should be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the criminal application and quashed the order issuing process dated 30/04/2012 passed by the Judicial Magistrate, First Class, Buldana in R.C.C. No. 107/2012 and the order dated 28/02/2014 passed by the Additional Sessions Judge, Buldana in Criminal Revision No. 37/2013.
Law Points
- Criminal proceedings cannot be used as a tool for recovery of civil dues
- Dispute regarding office-bearers of a trust is essentially civil in nature
- Ingredients of criminal breach of trust and cheating must be established
- Quashing of FIR under Section 482 CrPC when allegations are civil in nature
