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The attempt of the complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the Court: Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Birendra Kumar in the case of  Pradeep Kumar & Ors. v. The State of Rajasthan & Anr. (S.B. Criminal Miscellaneous (Petition) No. 1635/2022)  held that the attempt of the complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the Court

BRIEF FACTS:  The petitioners sought for quashing of FIR No.0034/2022 registered under Sections 420, 467, 468, 471 and 120-B IPC. The learned counsel for the petitioners submitted that in fact, the matter in dispute was performance/non-performance of the agreement to sale between the parties and responsibility of the party to not act as per agreement and the whole issue can be decided only by a competent civil court and not by a criminal court. The ingredients of offences were not made out as at no point of time, the petitioners had any dishonest intention i.e. at the inception of the agreement or at any stage subsequent thereto which would be evident from the facts narrated. Learned counsel of the respondents argued that this was the second FIR for the same cause of action which was not permissible in law. Reliance was placed T.T. Antony Vs. State of Kerala & ors., (2001) 6 SCC 181; Murarali Lal Gupta Vs. Gopi Singh (2006) 2 WLC (SC) Cr. 96 and Mohammed Ibrahim & ors. Vs. State of Bihar & Anr., reported in (2009) 8 SCC 751. 

FINDINGS OF THE COURT:  After hearing the learned counsel for both the parties and considering the material on record, the Court was of the prima facie view that real dispute between the parties was of civil nature which cannot be adjudicated by a criminal court, hence the attempt of the complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the Court. The ingredients of none of the offences for which the FIR was registered, was made out based against the petitioners based on the totality of the material available on record. The FIR registered at Police Station Kekri City District Ajmer and  subsequent proceedings that arose from there were thereby quashed. 

JUDGEMENT REVIEWED BY – AMRUTHA K

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