HASMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This petition under Article 226 of the Constitution read with Sec. 482 of the Code of Criminal Procedure, is seeking to quash the FIR relating to Crime No.365/2023 registered with Police Station Wadi, District Nagpur City for the offence punishable under Ss. 420 , 467 , 468 , 471 , 120-B r/w 34 of the Indian Penal Code .

(3.) The contention of applicants is that the registration of FIR itself is a misuse of the process of law. According to the applicants, the dispute was purely of civil in nature. However, after remaining unsuccessful in civil litigation the informant has approached to the Magistrate seeking directions to register the FIR. It is submitted that the informant has suppressed about the pendency of civil suit as well as adverse interim order passed against him by the learned Magistrate, while obtaining directions to the Police to register the crime. According to the applicants, this is completely a misuse of the process of law initiated with ulterior motive to settle the score.