WALI KALOO Vs. AB AHAD MIR

JUDGEMENT

(1.) THE present proceedings under section 561 -A Cr. P.R. have been lodged by the petitioner for quashing the proceedings initiated by the respondents against him and pending disposal in the court of Judicial Magistrate, 1st; class, Sumbal under the provisions of Sections 417 and 420 RPC. Despite the fact that the matter was admitted, notices were issued to the parties, nobody has appeared, so the matter is being disposed of after perusal of the record. From the perusal of the records it appears that a complaint under sections 417 read with section 420 came to be filed in the court of Juridical Magistrate, 1st. Class, Sumbal. The facts in brief which have given rise to the complaint are that some land situate at Sumbal was to be purchased by the person of the complainant for a consideration of Rs.70.000/ - and in fact the assurance extended to him by the respondents, he parted with the money of Rs.70.000/ - on the pretext that he will obtain a permission from the Government for sale of said land and on these assurances the complainant was made to part with Rs.70.000/ -. Subsequently neither the land was transferred to the name of the person of the complainant nor any sale deed thereto was executed nor any permission was obtained from the authorities So he has been duped by the person of the accused and on such deception and fraud played on him he was forced to file this complaint, and this action on behalf of the accused as per averments of the complaint is prima -facie an offence under section 417 read with section 420 RPC and as such the Judicial Magistrate, Sumbal issued the process.

(2.) FROM the perusal of the record the facts do envisage that the matter boils down to a civil complaint in the sense that civil cause has civil cause has arisen in case the person of the petitioner has advanced any money or even parted from his total consideration for the land which was to be purchased by the complainant from the accused and in case any amount has been parted by him, the action taken Is not warranted by taking recourse to the criminal court or criminal process and such process if any, taken do fall within the preview of mis -use of process of the court and do fall within the preview of section 561 -A Cr. P.C. for which this court has to exercise its discretion and quash the proceedings. The proceedings to such are quashed. The complainant in case he is so advised may knock the doors of civil court for civil action against the mis -chief which has been committed to him. The proceedings as such are not warranted and are quashed. The record along with a copy of this order be sent back to the trial court.