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TMI Blog2020 (1) TMI 1662X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil judge (Junior Division) with regard to partition of properties which suit is still pending. Suit between the parties led to several altercations among the parties. (ii) On 19.07.2016, a quarrel took between the parties. The police went on the spot of incident on 19.07.2016 itself and initiated proceedings Under Section 151, 107 and 116 Code of Criminal Procedure. Proceedings were drawn under Code of Criminal Procedure against both the parties to maintain peace at the spot. (iii) On 29.08.2016, an application Under Section 156(3) Code of Criminal Procedure was filed by the complainant Sajjad Quraishi against the Accused Ahmad Ali Quraishi, and Liyakar Ali Quraishi as well as their father Anwarul Haq and their three other brothers referring to incident dated 19.07.2016 at about 06:00 PM. Allegation in the complaint was that two daughters of complainant Firdaus Bano and Gulishta Bano had gone to public hand pump outside the house of the complainant for fetching water at that time Ahmad Ali and Liyakat Ali Accused indulge in indecent gestures towards them and started pressing their breasts. The daughter Firdaus Bano sustained nail injuries. The girls were also beaten. On alarm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used which were made in his application Under Section 156(3) Code of Criminal Procedure. (ix) The Learned Sessions Judge by order dated 19.12.2017 summoned the Appellants Under Section 323, 353, 504, 506 Indian Penal Code and Section 7/8 POSCO Act. The Appellant filed an application Under Section 482 Code of Criminal Procedure in the High Court praying for quashing the entire proceeding of Complaint Case No. 1 of 2017 as well as the summoning order. The application has been dismissed by the High Court by the impugned judgment dated 21.02.2018 aggrieved against which judgment this appeal has been filed. 3. Learned Counsel for the Appellant in support of his case submits that dispute regarding property between the father of the Appellant and the complainant is going on with regard to which Civil Suit No. 744 of 2015, Anwarul Haq v. Sajjad Ali is pending in the court of Civil Judge (Junior Division). To put pressure on the Appellant and to settle the property dispute pending in the court of Civil Judge, the complainants have filed frivolous complaints against the Appellants and other family members before the Human Rights Commission, Police Authorities as well as in the Court of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Procedure. This Court had occasion to consider the scope and jurisdiction of Section 482 Code of Criminal Procedure. This Court in State of Haryana and Ors. v. Bhajan Lal and Ors. 1992 suppl. (1) SCC 335, had elaborately considered the scope and ambit of Section 482 Code of Criminal Procedure/Article 226 of the Constitution in the context of quashing the criminal proceedings. In paragraph 102, this Court enumerated seven categories of cases where power can be exercised Under Article 226/Section 482 Code of Criminal Procedure by the High Court for quashing the criminal Proceedings. Paragraph 102 is as follows: 102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by 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 po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 323 Indian Penal Code and the Criminal Revision against the said order was dismissed by the District Judge. 12. This Court time and again has examined the scope of jurisdiction of the High Court Under Section 482 Code of Criminal Procedure and laid down several principles which govern the exercise of jurisdiction of the High Court Under Section 482 Code of Criminal Procedure. A three-Judge Bench of this Court in State of Karnataka v. L. Muniswamy, (1977) 2 SCC 699, held that the High 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. In para 7 of the judgment, the following has been stated: (SCC p. 703) 7. ... In the exercise of this wholesome power, the High 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 achi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. 14. Further in para 8 the following was stated: (Devendrappa case, SCC p. 95) 8. ... Judicial process should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h cannot be allowed to be converted into an instrument of operation or harassment. When there are materials to indicate that a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction Under Section 482 Code of Criminal Procedure to quash the proceeding under Category 7 as enumerated in State of Haryana v. Bhajan Lal, which is to the following effect: (SCC p. 379, para 102) 102. (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. Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court has noted the judgment of State of Haryana v. Bhajan Lal, but did not advert to the relevant facts of the present case, materials on which final report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where the High Court ought to have exercised its jurisdiction Under Section 482 Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of applicant has not come to light. During enquiry, applicant failed to submit oral/documentary evidence whatsoever. Other allegations levelled by the applicant have not been proved from the enquiry. Peace and tranquillity are prevailing at the spot, yet SHO of Kotwali is directed to ensure peace and tranquillity by keeping vigil on the parties. Report is submitted for kind perusal. 18. We have taken note of the above report only to take the sequence of the event and not as a substantive piece of evidence. On the same allegations, the complainant has filed the application Under Section 156(3) Code of Criminal Procedure which was rejected by Sessions Judge by an order dated 14.10.2016, holding that no sufficient grounds have been made to register a complaint against the Appellant. 19. In the Criminal Revision filed against the said order of the Session Judge, this Court did not interfere with the rejection of an application Under Section 156(3) Code of Criminal Procedure, however, observed that the complainant has remedy to file appropriate application. The complainant thereafter had filed Complaint No. 1 of 2017. It is true that rejection of an application Under Section 156( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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