C482/2/2013 of SALLIM AND ORS Vs JAVED

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 2 of 2013 (Under Section 482 Cr.P.C.)

Salim and others

Javed

….…… Applicants

versus

………. Respondent

Mr. Z.U. Siddhiqui, Advocate for the applicants. None is present on behalf of the respondent.

U. C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., applicants seek to quash the summoning order dated 16.02.2012, under Section 323, 504, 506, 420, 467, 468 of IPC passed by the Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District-Nainital, in Criminal Complaint Case No.509 of 2011 (Javed vs. Salim and other), pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District-Nainital.

2. It appears that on 04.07.2006, respondent filed case u/s 138 of the Negotiable Instruments Act, 1881 against the father of petitioners and the same was got compromised as is disclosed in paragraph no.3 of the impugned complaint. However, fresh complaint was filed on 01.10.2011 by the respondent against these petitioners for the offences u/s 147, 323, 204, 506, 420, 467 & 468 IPC, wherein the order of cognizance has been passed by the Magistrate concerned.

3. Notice was issued to respondent, but none has turned up on his behalf.

4. It appears that the complainant is not interested in prosecuting the accused-applicants.

5. At the time of admission of present C-482 petition, this Court passed an interim order, vide order dated 03.01.2013, and stayed the criminal complaint case initiated against applicant under Sections 323, 504, 506, 420, 467, 468 of IPC, pending in the Court of Civil

Judge (Junior Divison)/Judicial Magistrate, Haldwani, District-Nainital, till the next date of listing.

6. There seems to be substance in the contention of leaned counsel for the applicants that the criminal proceedings initiated against the applicants are nothing but abuse of process of the Court.

7. It will be futile exercise to keep present petition under Section C-482 Cr.P.C. pending in this Court.

8. The Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law, as has been held by Hon’ble Apex Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330, Amit Kapoor vs. Ramesh Chander and another, 2013 (1) `SCC (Crl.) 986 and Inder Mohan Gosami and another vs. State of Uttarakhand and others, (2008) 1 SCC (Crl.) 259.

9. The petition under Section 482 Cr.P.C. is, therefore, allowed. The summoning order dated 16.02.2012, under Sections 323, 504, 506, 420, 467, 468 of IPC, passed by the Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District-Nainital, in Criminal Complaint Case No.509 of 2011 (Javed vs. Salim and others), pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District-Nainital, are hereby quashed.

10. Since present application under Section 482 Cr.P.C. is being decided in the absence of respondent, therefore, liberty is granted to him to move for recall of this order, if he feels aggrieved with the same.

A.kaur

(U. C. Dhyani, J.)

03.07.2017