Abdul Aziz Ahanger & Ors. @APPELLANT@Hash Preetam Singh Oberoi

In this petition filed U/s 561- A of the Code of Criminal Procedure, Svt, 1989, the petitioners crave the indulgence of this Court in quashing the complaint tiled "Preetam Singh Oberio Vs. Abdul Aziz Ahanger & Ors" and the order of cognizance dated 18.12.2017 passed by the Learned Court of 2nd Additional Munsiff/JMIC Srinagar.

The background facts of the petition are that the respondent herein this petition filed a complaint for the commission of offences under section 420, 323, 379 and 506 RPC against the petitioners on the grounds that they approached him at Saddar Court Srinagar, and engaged his services for filing a suit titled "Abdul Razak Ahanger Vs. Ghulam Mohammad Sheikh" before the Court of the Ld. Munsiff at Tangmarg, Srinagar. The complainant an advocate by profession contested the suit on their behalf which ended in a compromise. It is further stated that the accused/petitioners agreed and negotiated to pay the professional fee of Rs. 1.00 lac to the complainant which they did not pay.

After taking an overall view of the complaint the learned 2nd Munsiff/JMIC Srinagar directed that from a collective perusal of the material on record sufficient grounds exist at this stage to proceed against the accused/petitioners U/s 417 RPC and as such issued the process against them.

In the petition filed before this Court, the petitioners have pleaded that they paid an amount of Rs. 35.00 thousand to the respondent from time to time and finally the suit ended in a compromise. They have further contended that the suit property comprised of 6 Marlas of land only, the cost of which is not more than Rs. 1.00 lac. It is also stated that in order to harass the petitioners, the respondent has filed a false and frivolous compliant to drag the petitioners from Tangmarg to Srinagar, so that the petitioners would succumb to his nefarious design. The learned trial Court without looking into the complaint and the statement of the complainant opted to take cognizance for an offence under section 417 RPC which speaks of the total non application of mind by the learned Magistrate and a sheer abuse of the power of the Court. It is further stated that the complaint has a civil flavor. It is meritless and deserves to be quashed.

Heard and considered.

The law is that inherent powers U/s 561-A Cr.P.C. though wide have to be exercised sparingly, carefully and with great cautious and only when such exercise is justified by tests specifically laid down in the section itself. The authority of the court exists for the advancement of the justice. If any abuse of the process leading to injustice is brought to the notice of the Court, then the court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the statute.

While going through the contents of the complaint, what comes to the fore is that the transaction if any between the petitioners and respondent is civil in nature and initiation of criminal proceedings in such a situation is an abuse of the process of law. In case it is admitted that there was any promise to pay an amount of Rs. 1.00 lac to the respondent it can at the most amount to a breach of contract on the part of the petitioners in not paying this amount of money to the respondent i.e. the complainant in the complaint for the professional services rendered by him. Any effort to settle civil disputes and claims, which do not involve in criminal offences by applying pressure, therefore, the criminal prosecution has to be deprecated and described.

Viewed in the above context, the petition of the petitioners is allowed as a corollary to which complaint titled "Preetam Singh Oberoi Vs. Abdul Aziz Ahanger & Ors" pending in the Court of 2nd Additional Munsiff/JMIC Srinagar along all the proceedings emanating there from are quashed.

Disposed of accordingly.