WING CDR SURENDRA NATH AGNIHOTRI Vs. STATE

JUDGEMENT

(1.) BY means of the present application ,the applicants have invoked inherent jurisdiction of this Court under section 482 Cr.P.C. with a prayer to quash the entire proceeding of Case No.8345 of 2009, initiated pursuant to the summoning order dated 18.6.2009 passed by the Chief Judicial Magistrate, vide Case Crime No.1788 of 2008, under Sections 420/467/468/471/447/448 & 506 IPC, Police Station Sector 20, NOIDA District Gautam Budh Nagar pending in the court of Chief Judicial Magistrate Gautam Budh Nagar.

(2.) HEARD Sri Ravi Kant Senior Advocate assisted by Sri S. Ali Murtaza learned counsel for the applicants and Sri V. P. Srivastava, learned Senior Advocate assisted by Sri Nitin Gupta, learned counsel for the complainant and have taken through the record.

(3.) LEARNED counsel for the applicant has relied upon the decision pronounced by the Apex Court in Inder Mohan Goswami & another Vs. State of Uttaranchal & others, AIR 2008 SC 251 wherein the dispute in civil nature was sneered at holding that criminal prosecution should not be used as an instrument of harassment or for seeking personal vendatta in the matter of civil nature. The institution of criminal proceedings with regard to the dispute of civil nature is a clear abuse of process of Court and the Apex Court had quashed the proceedings emanating from the first information report. In support of his contention, learned counsel for the applicants has relied upon the decision of the Apex Court pronounced in Hira Lal and others Vs. State of U.P. 2009 (66) A.C.C. 28 where the Hon'ble Court held that allegation in the complaint that will purported to have been executed was forged and fabricated whether it is surrounded by suspicious circumstances or not is a matter which will properly fall for determination in a testamentary proceedings and further as to whether transaction is genuine or not would fall within the domain of civil court which is purely a civil dispute. The criminal court cannot determine the same. It was stressed that the case of the applicants is squarely covered by the aforesaid decision pronounced by the Apex Court. Since the allegations from the first information report prima facie discloses civil dispute. The applicants are absolutely innocent and have been subjected to prosecution and humiliation on the basis of the false and wholly untenable allegations, therefore, the cognizance taken by the court below is nothing but an abuse of process of law and may be quashed.