1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln (C482)No. 305 of 2004 1. Laxmi Datt Dhondiyal S/O Late Shri Tara Datt Dhondiyal, Managing Director, Srivalik Real Estate Promotors Pvt Ltd, R/O 181 Sector-C Mahanagar, Dist Lucknow 2. Sq. Ld. K Chandra (Retd.) S/O Late Jagannath, R/O C-172 Indra Nagar, Lucknow ………………………. Applicants. Versus 1. State of Uttaranchal 2. Judicial Magistrate, Haldwani District Nainital 3. Pan Singh, S/O Chatur Singh Bisht, Junior Engineer, Kumaon Mandal Vikas Nigam Ltd. Naintal …………..Respondents Shri Sudhir Singh, Advocate, present for the petitioners Shri M.A.Khan, Brief Holder, present for respondent no.1 Shri Deepak Bisht, Advocate present for respondent no.3 Hon’ble Prafulla C. Pant, J. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of criminal case no 1194 of 2000 Pan Singh vs. Laxmi Dutt Dhondiyal and another, relating to offences punishable under section 420, 379, 380, 392 I.P.C, Police Station Haldwani, District Nainital, pending in the court of Judicial Magistrate, Haldwani. 2 (2) Heard learned counsel for the parties and perused the affidavit, counter affidavit and supplementary affidavit. (3) Brief facts of the case are that complainant Pan Singh Bisht is a Junior Engineer with Kumaon Mandal Vikas Nigam (KMVN), a Public Sector Undertaking. He lodged the criminal complaint against petitioner, in respect of offences punishable under section 420, 379, 380, I.P.C, alleging that the petitioeners on 11.11.1997 took away 3,50,000 bricks in a truck, even after being stopped by Chowkidar Balwant Singh. It is pleaded by the complainant that the Tourist Guest House of KMVN was under construction and the construction agency was that of the petitioners. (4) The Magistrate, after recording statement of the complainant under section 200 Cr.P.C, and summoned the petitioners, in respect of offences punishable under section 392 of I.P.C. (5) Challenging the summoning order dated 05.09.2000, passed by the trial court, it is pleaded of behalf of the petitioners that it is not only abuse of process of law but also mockery of justice that in respect of alleged incident of 1993, the Magistrate has entertained the criminal complaint in the year 2000, without their being any explanation for delay of more than six years. (6) Learned counsel for the respondent no.3 submitted that Chowkidar did not made an attempt to lodge First Information Report on 11.11.1993 but Police did not lodge it. However, there is no explanation why the KMVN slepet over the matter for more than six years thereafter. There is not a 3 single word on the record to explain six years long delay. It is submitted that the dispute between the parties was of civil nature, in respect of which the petitioner got referred the dispute to the Arbitrator. Attention of this court is drawn to Annexure-4 to the petition, which is copy of the Award passed by the Arbitrator on 29th of December 1996. Said award shows that the dispute raised by the construction agency, terminated in their favour. Attention of this court is drawn to Annexure SA1 to the supplementary affidavit which is copy of the objections filed against the Award passed by arbitrator before civil Judge (Senior Division) Nainital. It is mention in para-5 that the construction agencies took the bricks worth Rs. 3.50 lakhs. However, the adjustment and reduction are claimed in para-11 of said objections. (7) Perusal of the Annexure SA-2 to the supplementary affidavit shows that after consideration of the objections and award was made rule of the court vide order dated 29.04.1998 passed in Misc. case no. 77 of 1997. Not only this Annexure –5 to the petition shows that the appeal filed by KMVN before Allahabad High Court (FAFO No. 8633 of 1998) was dismissed on 16.9.1998. (8) In the above circumstances it is evident that the dispute between parties was nothing more than civil dispute and infact it was not a case of criminal liability. Therefore, this court agrees with the learned counsel for the petitioners that it is abuse of process of law on the part of the complainant to initiate the criminal proceedings after more than six years by filing the criminal complaint. 4 (9) For the reasons as discussed above, the petition under section 482 of Cr.P.C is allowed, the proceedings of criminal complaint case no. 1194 of 2000, Pan Singh vs. Laxmi Dutt Dhondiyal and another, relating to offences punishable under section 420, 379, 380, 392 I.P.C, Police Station Haldwani, District Nainital, pending in the court of Judicial Magistrate, Haldwani, are hereby quashed. Dt.20.05.2010 NP (Prafulla C. Pant, J.)