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TMI Blog2022 (11) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumari, widow of Raja Ram Gupta and her four sons, namely, Ramesh Chandra Gupta, Ashok Kumar, Shravan Kumar and Vinod Kumar and a Memorandum of Understanding(MOU) was executed between the parties on 19th August, 2006 and in terms of the aforesaid MOU, the house came in the share of Vinod Kumar Gupta and while the Original Suit No.91 of 2015 filed at the instance of Vinod Kumar Gupta was pending adjudication, the ostensible owner Shravan Kumar Gupta executed a registered sale deed dated 22nd December, 2018 in favour of the de-facto complainant and according to the informant/second respondent, who is the vendee of the aforementioned registered sale deed, possession by title in favour of Shravan Kumar Gupta over the house in dispute came to be transferred in his favour and possession of the same was also handed over to him(de-facto complainant). 4. The de-facto complainant/second respondent, Atul Shukla, had a grievance that he was dispossessed from the subject property in question in reference to which a complaint dated 29th January, 2019 was made under Section 156(3) CrPC with the concerned Magistrate. As a consequence of the aforesaid, an FIR dated 2nd April, 2019 came to be regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a case was filed by Vinod Kumar before Civil Judge, CD bearing No.OMS/91/2015 regarding the partition of the shop and house of his brother Shwrawan Kumar and during the pendency of the case, Vinod Kumar sold his shops vide a sale deed to some other person and against the shops which are required to be given to Shrawan Kumar, Shrawan Kumar sold his property to me vide a registered sale deed. Hence the case itself become nullified because both the parties have sold their own properties. The court has not passed any order. The aforesaid case was not for possession and the same was for transfer. My house has been locked forcibly by Vinod and forge documents have been prepared by Vinod and the same has been let out to Rinki Sarna alias Sardar Ravinder Singh to extort the money. In this regard, it is requested that an FIR may be lodged and direction may be given to open the lock of my house and return back the possession of my house. All the witness will appear at the time of investigation. Dated 02.4.19, Sd/ Atul Kumar S/o Sh Ram Swaroop Shukla R/o House No.110, Kailash Residency Nvabada Jhansi Mob. No.829921694. I, Cont. Surender Kumar certify that the report has been typed wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members of the family of late Raja Ram Gupta including Vinod Kumar Gupta who is one of the coaccused and is facing trial and who, according to the complainant, have forcibly taken possession of the subject property in question from the de-facto complainant. 10. So far as Rinky Sarna is concerned, the only allegation against him is that Vinod Kumar Gupta has forged the documents of the subject property and the same has been let out to Rinky Sarna. There is no allegation against either of the appellants regarding their active/passive participation in the transaction/commission of crime in reference to which sale deed was executed on 22nd December, 2018. 11. The pith and substance of the complaint of the de-facto complainant/second respondent is that the subject property was sold by the ostensible owner, Shravan Kumar Gupta, in reference to which registered sale deed was executed in his favour on 22nd December, 2018, but he was later dispossessed from the subject property. 12. Subsequent to the aforesaid FIR, the investigating officer conducted investigation and later submitted a charge-sheet dated 24th June, 2019, whereby named accused i.e. the appellants herein have been charge- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice. The ends of justice are higher than the ends of mere law though justice has got to be administered according to laws made by the legislature. The compelling necessity for making these observations is that without a proper realisation of the object and purpose of the provision which seeks to save the inherent powers of the High Court to do justice, between the State and its subjects, it would be impossible to appreciate the width and contours of that salient jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (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 FIR 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eference to which the complaint has been made for cheating and committing forgery or have played any role in delivery of possession of the subject property in question. 19. What it appears is that the de-facto complainant has implicated the present appellants being members of the family to put pressure for obtaining possession of the subject property and to settle the civil dispute which is pending between Vinod Kumar Gupta, Shravan Kumar Gupta and the de-facto complainant in Original Suit No.91 of 2015. 20. We are of the view that in the present facts and circumstances, the High Court ought to have exercised its power under Section 482 CrPC for quashing of the criminal complaint and proceedings in consequence thereof qua the present appellants. 21. Before parting with the order, we further like to observe that the observations which has been made are restricted to the three appellants, namely, Ramesh Chandra Gupta, Ashish Gupta and Rinky Sarna before this Court and the learned trial Judge may not be influenced by the observations made above and may proceed with the Criminal Case No.2200 of 2019 qua the other accused persons independently on its own merits in accordance with law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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