Phool Chand vs State of Haryana

S.S. Grewal, J.

This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned first information report No. 121 dated 12.5.1990 registered at Police Station City Thanesar under Sections 466, 408, 420, 409, 465, 468, 471 and 120B IPC.

In brief, facts relevant for the disposal of this petition, as emerge from the copy of the impugned first information report (Annexure P) are that on 27.3.1988 Ishwar Singh was elected as President and Phool Chand, the presentpetitioner was elected as Secretary of Shri Guru Ravi Dass Mandir and Dharamshala Sabha, Kurukshetra. Phool Singh accusedpetitioner was removed from the Secretaryship on account of the infearious activities vide resolution dated 12389. Petitioner No. 2 is the real brother of Phool Chand petitioner No. 1. Petitioner No. 1 did not return the record of the society including proceeding book, receipt etc., which were in his custody in the capacity of Secretary to the Sabha, in spite of the fact that Shri S.R. Kailey had been duly appointed as Secretary in his place. Phool Chand petitioner had moved the Civil Court that Ishwar Singh President of the said Sabha be debarred from operating bank account of the Sabha. But this request was turned down by Sub Judge, Kurukshetra, on 3889. It was further pleaded that both the present petitioners have received rent from the tenants of the said sabha to the tune of Rs. 1,20,000/ and have misappropriated the same.

The learned counsel for the parties were heard.

Learned counsel for the petitioner on the basis of the authority of this court in Ishwar Singh and another v. The State of Haryana, Cri. Misc. No. 7231M of 1989 decided on 23.5.90 submitted that the dispute with regard to the impugned first information report, relates to Civil rights of the parties, and that the complainant party should have recourse to the civil proceedings instead of getting criminal case registered against the present petitioners, on the basis of the impugned first information report. From the perusal of the impugned first information report, it is quite obvious that prima face, case for commission of criminal offences referred to in the first information report, has been made out. In these circumstances mere fact that the complainant party in the present case could file civil suit for recovery of Rs. 1,20,000/ from the petitioners, belonging to the said Sabha, would not per se be sufficient, at the stage, to quash the impugned first information report, and consequent proceedings taken thereunder. Parallel proceedings by way of civil suit no doubt can be filed for recovery of the amount said to have been criminally misappropriated by the petitioner, but, the fact remains that no such civil suit has been filed. Thus, there does not seem to be any legal bar for holding that criminal proceedings on the basis of the impugned first information report, cannot be taken against the petitioners, according to law.

As far as the authority of this Court in Ishwar Singh''s case (supra), is concerned, in that particular case, apart from the fact that the first information report related primarily to civil rights of the parties, civil suit in respect thereof, has already been filed before the registration of the first information report. In this view of the matter, it was observed that the judgment of the civil Court would be binding on a criminal Court, and it was a fit case to quash the first information report, in order to avoid abuse of the process of the Court. As discussed earlier, in the instant case no such suit has been filed as yet by the complainant party for the recovery of Rs. 1,20,000/ said to have been criminally misappropriated, or embezzled by the petitioners. As such, there does not seem to be any cogent ground for holding that the complainant party must first of all pursue his remedy in the civil Court.

For the foregoing reasons, the impugned first information report (Annexure PI) is not liable to be quashed, at this stage. The investigating agency after proper investigation should submit the challan in the Court expeditiously and the case be tried and disposed of according to law, without any undue delay. The petitioner, if so advised, may take up the pleas set up by them in this petition before the trial Court at appropriate stage. Nothing observed herein for the disposal of this petition, shall in any manner nor affect the rights of the parties on merits. With these observations this petition is hereby dismissed.