Case Note & Summary
The applicants, original accused persons, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. II-1/2015 registered at Ashvi Police Station, Sangamner, District Ahmednagar, and the consequent charge-sheet. The FIR was lodged on the directions of the learned Magistrate under Section 156(3) CrPC based on a private complaint by respondent No.2 (Rajendra Tabaji Kadam). The dispute pertained to landed properties bearing Gut No. 78 and 31 at village Panodi. The original owner Manohar Kadam had five sons, and the parties were related. The applicants contended that the dispute was purely civil in nature regarding partition and possession of land, and the criminal complaint was filed to pressurize them. The State and respondent No.2 opposed the quashing. The High Court examined the allegations and found that the dispute was essentially civil, with no criminal intent made out. The court held that continuing criminal proceedings would be an abuse of the process of court. Accordingly, the court allowed the application and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Dispute between parties regarding landed properties - FIR lodged under Sections 420, 467, 468, 471, 504, 506 IPC - Held that the dispute is essentially civil in nature and no criminal intent is made out - Continuation of criminal proceedings would be an abuse of process of court - FIR and charge-sheet quashed (Paras 1-10).
Issue of Consideration
Whether the FIR and charge-sheet for offences under Sections 420, 467, 468, 471, 504, 506 of IPC deserve to be quashed under Section 482 of CrPC when the dispute is essentially civil in nature.
Final Decision
Application allowed. FIR No. II-1/2015 registered with Ashvi Police Station and charge-sheet No. 13 of 2015 are quashed and set aside.
Law Points
- Inherent powers under Section 482 CrPC
- Quashing of FIR
- Civil dispute not to be given criminal colour
- Abuse of process of court
- No criminal intent
Case Details
2018 LawText (BOM) (10) 3
Criminal Application No. 6414 of 2016
T. V. Nalawade, Smt. Vibha Kankanwadi
Mr. A. N. Nagargoje, Mr. S. J. Salgare, Mr. S. R. Bodade
Dagadu s/o Baburav Talekar, Ganpat s/o Dagadu Talekar, Babasaheb s/o Dagadu Talekar, Kesharbai w/o Dagadu Talekar, Tarabai w/o Ganpat Talekar, Nutan w/o Babasaheb Talekar, Anita w/o Bharat Talekar
The State of Maharashtra, Sub Divisional Police Officer, Rajendra Tabaji Kadam
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Nature of Litigation
Criminal application for quashing of FIR and charge-sheet under Section 482 CrPC
Remedy Sought
Quashing of FIR No. II-1/2015 and charge-sheet No. 13 of 2015
Filing Reason
Dispute over landed properties Gut No. 78 and 31 at village Panodi; applicants alleged that the complaint was civil in nature and filed to pressurize them
Issues
Whether the FIR and charge-sheet deserve to be quashed under Section 482 CrPC when the dispute is civil in nature.
Submissions/Arguments
Applicants argued that the dispute is purely civil regarding partition and possession of land, and no criminal intent is made out.
Respondents opposed the quashing, submitting that the allegations disclose criminal offences.
Ratio Decidendi
When the dispute is essentially civil in nature and no criminal intent is made out, continuation of criminal proceedings would be an abuse of process of court, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The dispute is essentially civil in nature and no criminal intent is made out.
Continuation of criminal proceedings would be an abuse of process of court.
Procedural History
The applicants filed an application under Section 482 CrPC before the High Court seeking quashing of FIR and charge-sheet. The FIR was registered on the directions of the learned Magistrate under Section 156(3) CrPC based on a private complaint by respondent No.2. The High Court heard both sides and allowed the application.
Acts & Sections
- Code of Criminal Procedure, 1973: 156(3), 482
- Indian Penal Code, 1860: 420, 467, 468, 471, 504, 506
