2023 (2) TMI 1246 - HC - Indian Laws

Misappropriation of society funds by diverting them to their personal use - HELD THAT - The defacto complainant herein filed an affidavit to that extent tendering his unconditional consent to quash the subject matter. Hence, at this stage, without going into the merits of the case and in view of the common judgment passed by this Court in Writ Appeal Nos.234, 142, 149, 204 253 of 2022 and taking into consideration of affidavit filed by the de facto complainant tendering his unconditional consent and no objection in quashing the proceedings in respect to the subject crime, this Court is of the view that continuation of proceedings would amount to abuse the process of law. The Criminal Petition is allowed, quashing the proceedings in Crime No.346 of 2021 of Mangalagiri Rural Police Station, Guntur Urban, Guntur District, against the petitioner herein.

Summary

Issues:
Petition to quash criminal proceedings under Section 482 Cr.P.C. regarding offenses under Sections 120B, 409, 471, 420, 506 IPC.

Analysis:
The criminal petition was filed by Accused No.3 to quash the proceedings in Crime No.346 of 2021 of Mangalagiri Rural Police Station, Guntur Urban, involving offenses under Sections 120B, 409, 471, 420, 506 IPC. The prosecution alleged that the accused, who were office bearers of a registered society, conspired to misappropriate society funds by creating a false account and diverting a substantial amount for personal use. The petitioner contended that there were disputes among rival groups for control over the society's management, leading to legal proceedings. A common judgment dated 22.02.2022 appointed a retired Chief Justice as an arbitrator to resolve disputes between the parties, with both parties agreeing to withdraw pending litigations. The de facto complainant also filed an affidavit consenting to quash the proceedings based on the common judgment.

The Court, considering the common judgment and the de facto complainant's consent to quash the proceedings, decided to allow the criminal petition and quash the proceedings in Crime No.346 of 2021. The Court noted that continuing the proceedings would amount to an abuse of the legal process. Consequently, the criminal petition was allowed, and the proceedings were quashed, bringing closure to any related pending miscellaneous applications in the matter.