Madras High Court
A.Rajendra Kumar Kanodia vs The State Rep By on 2 March, 2023
Crl.O.P.No.17599 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Crl.O.P.No.17599 of 2019 and
Crl.M.P.No.8888 of 2019
1.A.Rajendra Kumar Kanodia
2.Aarthi Kanodia
3.Sourabh Khaitan
4.Mahesh Agarwal ... Petitioners / Accused 1 -4
Vs.
1.The State rep by.
Inspector of Police,
Race Course,
Coimbatore 600 008.
2.Raghav Kanodia ... Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of
Cr.P.C. to call for the records in C.C.No.215 of 2018 on the file of learned
Judicial Magistrate – III, Coimbatore and quash the same.
For Petitioners ... Mr.K.M.Aasim Shehzad
For Respondents ... Mr.A.Gopinath,
Govt. Advocate (Crl.Side) for R1
No appearance for R2
Page 1 of 8
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Crl.O.P.No.17599 of 2019
ORDER
This Criminal Original Petition has been filed to call for the records
in C.C.No.215 of 2018 on the file of learned Judicial Magistrate – III,
Coimbatore and quash the same.
2. Heard the learned counsel for the petitioners and the learned
Government Advocate (Crl.Side) appearing for the first respondent.
3. The petitioners are the accused 1 to 4 against whom the second
respondent has preferred a complaint. As per the case of the prosecution on
04.02.2017 at about 5.30 p.m., the petitioners trespassed into the subject
property where the second respondent was living and confined himself and
his family members and also threatened that if the second respondent did
not vacate the property immediately, they would set fire upon the second
respondent and his family members.
4. The learned counsel for the petitioners submitted that the
petitioners and the second respondent are relatives and there are already
civil disputes pending between themselves; in fact, the first petitioner had
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Crl.O.P.No.17599 of 2019
filed a civil suit in respect of the same subject matter on 28.12.2016 in
O.S.No.1988 of 2016 before the District Munsif, Coimbatore; he has also
obtained an order of temporary injunction in his favour on 19.01.2017 by
virtue of an order passed in I.A.No.1558 of 2016 in O.S.No.1988 of 2016;
having known about the said order, the second respondent had filed a
subsequent suit in O.S.No.120 of 2017 on 27.01.2017 and managed to get
an exparte order against the petitioners by suppressing the earlier order of
injunction granted in the earlier suit; now, in order to strengthen the above
said case, the second respondent had given a criminal case; in fact, the
complaint has been given just to add criminal flavour to the civil dispute
which has been pending between the petitioners and the second
respondent.
5. On perusal of the records, it is seen that the second respondent
has mentioned about the civil suits pending between himself and the
petitioners and he has also stated about the exparte injunction order which
was obtained in I.A.No.99 of 2017. However, he did not state about the
earlier order of injunction granted in favour of the first petitioner in
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Crl.O.P.No.17599 of 2019
I.A.No.1558 of 2016 in O.S.No.1988 of 2016 on 19.01.2017. Even in the
statement of witnesses, they have consciously mentioned about the second
suit filed by the second respondent in O.S.No.120 of 2017 and the order of
exparte injunction passed in I.A.No.99 of 2017 in O.S.No.120 of 2017.
6. The second respondent has the knowledge about the earlier suit
and the earlier injunction order passed in I.A.No.1558 of 2016 in
O.S.No.1988 of 2016 and he entered appearance in the said proceedings
and filed his counter also. In fact, that would have obviously prompted him
to file a subsequent suit in O.S.No.120 of 2017. But for the reasons known
to the second respondent, he had omitted to mention about the earlier
injunction order granted in favour of the petitioners and had stated only the
subsequent exparte injunction order obtained by the second respondent.
So, the background in which the criminal complaint has been given on the
face of it would show that some civil disputes have been exaggerated as
criminal complaints. The averments in the complaint of the second
respondent would itself show that more stress is given for the second
exparte injunction order obtained by the second respondent in the
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Crl.O.P.No.17599 of 2019
subsequent suit filed by him. So, the intention of the second respondent is
visible from the time during which the criminal complaint was given and
the manner in which the averments have been made.
7. No doubt even when there are civil suits pending for any civil
action committed by the respective parties, they are liable to face the
criminal prosecution also. But one of the parties cannot intentionally drag
the other one to the criminal proceedings just to settle personal scores. In
view of the pending civil disputes, the other party cannot be made to
undergo the ordeal of trial unnecessarily. In this regard, it is relevant to
refer the judgment of the Hon'ble Supreme Court made in the case of State
of Haryana Vs. Bhajanlal reported in 1992 SUPP (1) SCC 335, wherein,
seven golden principles have been laid down as shown under:
“(1) Where the allegations made in the first
information report or the complaint, even if they are taken
at their face value and accepted in their entirety do not
prima facie constitute any offence or make out a case
against the accused.
(2) where the allegations in the First Information
Report and other materials, if any, accompanying the F.I.R
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Crl.O.P.No.17599 of 2019
do not disclose a cognizable offence, justifying an
investigation by police officers under Section 156(1) of the
Code except under an order of a Magistrate within the
purview of Section 155(2) of the Code;
(3) where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in support of
the same do not disclose the commission of any offence
and make out a case against the accused;
(4) where the allegations in the FIR do not
constitute a cognizable offence but constitute only a non-
cognizable offence, no investigation is permitted by a
police officer without an order of a Magistrate as
contemplated under Section 155(2) of the Code;
(5) where the allegations made in the FIR or
complaint are so absurd and inherently improbable on the
basis of which no prudent person can every reach a just
conclusion that there is sufficient ground for proceeding
against the accused;
(6) where there is an express legal bar engrafted in
any of the provisions of the Code or the concerned Act
(under which a criminal proceeding is instituted) to the
Institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the
concerned Act, providing efficacious redress for the
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Crl.O.P.No.17599 of 2019
grievance of the aggrieved party;
(7) where a criminal proceeding is manifestly
attended with mala fide and/or where the proceeding is
maliciously instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him due
to private and personal grudge”
8. The materials available on record would show that the present
case would fit into the category (7) of the above said judgment. In view of
the same, I feel it is appropriate to invoke the powers of this Court under
Section 482 of Cr.P.C., to quash the proceedings in order to prevent the
abuse of process of law and to serve ends of justice.
9. In the result, this Criminal Original Petition is allowed and the
proceedings in C.C.No.215 of 2018 on the file of learned Judicial
Magistrate – III, Coimbatore, is quashed. Consequently, connected
miscellaneous petition is closed.
Index: Yes/No 02.03.2023
Internet: Yes/No
gsk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17599 of 2019
R.N.MANJULA ,J.
gsk
To
1.The Judicial Magistrate – III,
Coimbatore.
2.The Inspector of Police,
Race Course,
Coimbatore 600 008.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.17599 of 2019 and
Crl.M.P.No.8888 of 2019
02.03.2023
https://www.mhc.tn.gov.in/judis
