KAILASH CHAND SHARMA Vs. STATE

JUDGEMENT

(1.) On 11th January, 2005 FIR No. 14/2005 was registered at police station Farsh Bazaar which the petitioner seeks to be quashed in the present petition. The complainant Surendra Kumar Sharma claims to be the owner and in possession of property in 476-A, Teliwara, Shahdara, Delhi-32. As per the complaint on 6.1.95, Kailash Chander Sharma, the present petitioner tresspassed into the complainant's portion of the property and to have caused damage by cutting the water pipe, by removing his sign board etc. The petitioner allegedly also stole the wooden table and chairs from the office of the complainant in that part of the property in question. He allegedly also certaining remarks. The FIR was registered under sections 448, 380, 427, 342 IPC.

(2.) What is contended in this petition is that the complainant/respondent no.2 has been abusing the process of law by filing false and frivolous cases against the petitioner and that the FIR in question is conspicuously in contradiction with matters on the record of the Court of the Civil Judge and with public knowledge and therefore false and rather absurd. Further, it is stated that certain declarations made by the complainant are in conflict with the previous declaration of the complainant on oath made before the Court of Civil Judge. The petitioner has thereafter gone on state in detail the facts in the civil dispute between the parties and about the proceedings in the civil dispute.

(3.) The Supreme Court in the case of Zandu Pharmaceutical Works Ltd. and others vs. Mohd. Sharaful Haque and Another (2005) 1 SCC 122 has, after considering all previous decisions on this point, has enumerated the situation in which the power u/s 482 of Cr.P.C can be used for quashing an FIR or criminal proceedings. Before narrating those situations, it will be necessary to remind oneself that the inherent powers u/s 482 Cr.P.C. has to be exercised sparingly, carefully with caution and only when such exercise is justified by the test specifically laid down in the section itself which are (i)to give effect to an order under the code. (ii)to prevent abuses of the court. (iii)To otherwise secure the ends of justice.