Mohd. Riaz Vs. Zubir Ahmed and Ors. - (High Court of Jammu and Kashmir) (26 Apr 2019)

Matter which essentially involves disputes of civil nature should not be allowed to be subject matter of a criminal offence

MANU/JK/0233/2019

Property

Through the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), Petitioner seeks quashment of complaint filed by Respondent No. 1 under Sections 166, 167, 467, 468 and 471 of Ranbir Penal Code (RPC) before the learned Judicial Magistrate 1st Class and also quashment of the order passed by the learned Judicial Magistrate 1st Class, by virtue of which process has been issued against the Petitioner and Respondent Nos. 2 to 6, herein.

According to facts and circumstances of the case, it is evident that, a civil suit regarding land under dispute and other lands was pending between private parties before Sub Judge Rajouri, where Respondent no. 1/complainant was also a party; in that suit already compromise was effected which has been attested by Notary and decree was passed.

The allegations made in the present complaint, even if taken as it is, do not make out ingredients of the criminal offence. At the most, they may attract civil dispute; case is thus predominantly of civil nature and which has been given the robe of criminal offence that too, after availing civil remedies. If the matter, which is essentially of a civil nature, has been given a cloak of criminal offence, the JMIC should be very careful in issuance of process.

Criminal proceedings are not a short cut of other remedies available in law. Before issuing process, a criminal Court has to exercise a great deal of caution, because calling a person to stand trial in criminal proceeding is a serious matter. When the disputes are of civil nature and finally adjudicated by the competent authority, as in the present case, by civil Court then, it is apparent that, complainant wants to manipulate and misuse the process of Court.

Section 561-A of CrPC serves a salutary purpose that a person should not undergo harassment litigation, even though, no case has been made out against him. A matter which essentially involves disputes of civil nature, should not be allowed to be subject matter of a criminal offence, the latter being a shortcut of putting pressure for settling the civil dispute. The power under Section 561-A of CrPC entitles the High Court to quash a proceeding when it comes to the conclusion that allowing the proceeding to continue would be abuse of the process of the Court or that the ends of justice require that the proceedings ought to be quashed.

In the case of G. Sagar Suri Vs. State of U.P., it is observed that, ''It is to be seen if a matter, which is essentially of civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process, a criminal court has to exercise a great deal of caution. For the accused, it is a serious matter."

Admittedly, a civil suit was filed and a decree was obtained by parties on the basis of compromise duly executed between them. Viewed from any angle, one cannot escape the conclusion that, the dispute is of civil nature and the ingredients of Sections 166, 167, 467, 468 and 471 of RPC are not made out. Accordingly, this petition is allowed. Consequently, complaint filed by Respondent No. 1 are quashed.

Relevant : G. Sagar Suri & Anr. vs. State of U.P. & Ors. MANU/SC/0045/2000

Tags : PROCEEDINGS QUASHMENT CIVIL DISPUTE