Criminal Misc. No. M-23990 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23990 of 2008 (O&M) Date of decision: 9.10.2009 Kartar Singh .. Petitioner v. Narota Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Mehar Singh, Advocate for the petitioner. Mr. Vikrant Oberoi, Advocate for the respondent. .. Rajesh Bindal J. Prayer in the present petition is for quashing of complaint No. 170 dated 13.6.2006 filed filed by the respondent against the petitioner under Sections 467, 468, 471, 34 IPC. Learned counsel for the petitioner submitted that prior to the filing of the present complaint, the respondent had earlier filed a complaint with the same allegations, which was referred to the police for investigation. After investigation, the police reported that no case was made out against the petitioner. Thereafter, the respondent even led evidence in support of the complaint in the court. Even considering that evidence, the learned Magistrate at that time did not find sufficient material to proceed against the petitioner and the complaint was dismissed on merits on 14.11.2002. Still thereafter, the impugned complaint has been filed with the same allegations without even mentioning the factum of dismissal of the earlier complaint filed by the respondent on merits. He further submitted that lot of civil litigation is also pending between the parties, which was initiated much prior to the filing of the present complaint. Under these circumstances, he submitted that continuation of criminal proceedings against the petitioner would amount to abuse of process of law. Learned counsel for the respondent submitted that the petitioner in the present case has already been summoned by the learned Magistrate to face trial after the respondent-complainant had led preliminary evidence. The appropriate remedy to the petitioner at this stage was to challenge the summoning order. However, he could not dispute the fact that the earlier complaint filed by the Criminal Misc. No. M-23990 of 2008 [2] respondent was dismissed on merits and further the civil litigation regarding the property in dispute was pending between the parties when the impugned complaint was filed. Heard learned counsel for the parties and perused the paper-book. Once the admitted facts on record are that the respondent-complainant had filed earlier complaint against the petitioner with the same material and the same was dismissed by the learned Magistrate at that time on merits and further civil litigation regarding the property in dispute was already pending when the complaint in question was filed, in my opinion, permitting the respondent- complainant to proceed with the second complaint with the same allegations would certainly amount to abuse of process of law and unnecessary harassment to the petitioner. Accordingly, the impugned complaint filed by the respondent- complainant and all subsequent proceedings thereto against the petitioner are quashed. The petition stands disposed of. (Rajesh Bindal) Judge 9.10.2009 mk