PHOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned first information report No. 121 dated 12.5.1990 registered at Police Station City Thanesar under Sections 466, 408, 420, 409, 465, 468, 471 and 120-B IPC.

(2.) IN brief, facts relevant for the disposal of this petition, as emerge from the copy of the impugned first information report (Annexure P) are that on 27.3.1988 Ishwar Singh was elected as President and Phool Chand, the present-petitioner was elected as Secretary of Shri Guru Ravi Dass Mandir and Dharamshala Sabha, Kurukshetra. Phool Singh accused-petitioner was removed from the Secretaryship on account of the infearious activities vide resolution dated 12-3-89. Petitioner No. 2 is the real brother of Phool Chand petitioner No. 1. Petitioner No. 1 did not return the record of the society including proceeding book, receipt etc., which were in his custody in the capacity of Secretary to the Sabha, in spite of the fact that Shri S.R. Kailey had been duly appointed as Secretary in his place. Phool Chand petitioner had moved the Civil Court that Ishwar Singh President of the said Sabha be debarred from operating bank account of the Sabha. But this request was turned down by Sub Judge, Kurukshetra, on 3-8-89. It was further pleaded that both the present petitioners have received rent from the tenants of the said sabha to the tune of Rs. 1,20,000/- and have misappropriated the same.

(3.) LEARNED counsel for the petitioner on the basis of the authority of this court in Ishwar Singh and another v. The State of Haryana, Cri. Misc. No. 7231-M of 1989 decided on 23.5.90 submitted that the dispute with regard to the impugned first information report, relates to Civil rights of the parties, and that the complainant party should have recourse to the civil proceedings instead of getting criminal case registered against the present petitioners, on the basis of the impugned first information report. From the perusal of the impugned first information report, it is quite obvious that prima face, case for commission of criminal offences referred to in the first information report, has been made out. In these circumstances mere fact that the complainant party in the present case could file civil suit for recovery of Rs. 1,20,000/- from the petitioners, belonging to the said Sabha, would not per se be sufficient, at the stage, to quash the impugned first information report, and consequent proceedings taken thereunder. Parallel proceedings by way of civil suit no doubt can be filed for recovery of the amount said to have been criminally misappropriated by the petitioner, but, the fact remains that no such civil suit has been filed. Thus, there does not seem to be any legal bar for holding that criminal proceedings on the basis of the impugned first information report, cannot be taken against the petitioners, according to law.