In this Section 482 CrPC application, the Superintendence of Courts of Mirzapur, the impugned order dismissing a complaint and a higher order quashing that dismissal.
Orders dated 31.7.2019 and 21.8.2019 passed by Addl. Civil Judge and Sessions Judge, Mirzapur, set aside. Matter remitted to Addl. Civil Judge for fresh order within three months.
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Court No. - 69 Case :- APPLICATION U/S 482 No. - 35904 of 2019 Applicant :- Punam Devi Opposite Party :- State Of U.P. And 6 Ors Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
The instant application under section 482 Cr.P.C. has been preferred by the applicant with a prayer for quashing of the order dated 21.8.2019 passed by the Sessions Judge, Mirzapur in Criminal Revision No. 19 of 2019 (Punam Devi v. State of U.P. and others) and order dated 31.7.2019 passed by the Addl. Civil Judge in Complaint Case No. 340 of 2019 (Punam Devi v. Chanchala Devi and others) under section 419, 420, 465, 471, and 120 B, IPC, Police Station - Chunar, District- Mirzapur and further direction to court below concerned to pro9ceed with the complaint in accordance with law and issue summon against accused persons.
It is contended by learned counsel for the applicant that the court below by means of impugned order dated 31.7.2019 has dismissed the complaint under section 203 Cr.PC. on the ground that the complaint spelled out that suit no. 249 of 2018 was filed before Civil Judge (Junior Division) Chunar, Mirzapur which relates to civil nature and therefore continuance of the criminal prosecution would be an abuse of process of the court. The complaint could not be dismissed only because the civil suit was filed. He has relied upon the judgement of the Hon'ble Apex Court passed in the case of (M. Krishnan v. Vijay Singh and another) reported (2001)8 SCC 645 and (Mohd. Allauddn Khan v. State of Bihar and others) reported (2019) 6 SCC 107.
After hearing the learned counsel for the applicant, learned AGA and after perusing the material on record, the judgement and order dated 31.7.2019 passed by the Addl. Civil Judge (Junior Division) Court No. -IV, Mirzapur, in Complaint Case No. 340 of 2019 (Punam Devi v. Chanchala Devi and others) under section 419, 420, 465, 471, and 120 B, IPC, Police Station - Chunar, District- Mirzapur and order dated 21.8.2019 passed by the Sessions Judge, Mirzapur in Criminal Revision No. 19 of 2019 (Punam Devi v. State of U.P. and others) in the aforesaid case is set aside.
The matter is remitted back to learned Addl. Civil Judge concerned to pass a fresh order, in the light of the aforesaid Hon'ble Apex Court judgement after hearing the parties and without granting any unnecessary adjournment to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order before him.
With the aforesaid direction the application stands disposed off.
Order Date :- 31.10.2019/ssm
3 issues framed by the court
Whether dismissal of a criminal complaint filed under IPC provisions merely because a related civil suit exists amounts to an abuse of process of the court.
Whether continuation of criminal prosecution in instances where a civil cause of action overlaps violates judicial discretion.
What reliefs a filed application under Section 482 CrPC should yield when the High Court finds peaceful coexistence of civil suits and criminal proceedings warrantable.
Colour shows how this judgement treated each authority
M. Krishnan v. Vijay Singh and anotherReferred¶5
(M. Krishnan v. Vijay Singh and another) reported (2001)8 SCC 645 · Who else cites this
Mohd. Allauddin Khan v. State of Bihar and othersReferred¶5
(Mohd. Allauddn Khan v. State of Bihar and others) reported (2019) 6 SCC 107 · Who else cites this
2 provisions across 1 enactments
Punam Devi
State Of U.P.
6 Ors
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
