Ram Biraji Devi & Anr vs Umesh Kumar Singh & Anr

This appeal arises out of the judgment dated 13.1.2005 passed by the High Court of Judicature at Patna in Criminal Misc. No. 11930 of 2004 dismissing the petition filed by the appellants under Section 482 of the Cr. P.C. seeking quashing of the order dated 8.8.2003 of the Judicial Magistrate, Gaya, in Complaint Case No.298/2003 T.R. No.808/2003. Briefly stated the facts of the case are that the Complainant Umesh Kumar Singh - respondent No.1 herein, filed a complaint against the appellants before the Chief Judicial Magistrate, Gaya, inter alia alleging that Smt. Ram Biraji Devi appellant No.1 herein, was allotted MIG Plot No. M-27 situated in Housing Board Colony, Gaya. In July 2002, both the appellants represented to the complainant that they were badly in need of money and wanted to transfer the allotted plot to some person interested to purchase the said plot. The complainant expressed his willingness to purchase the plot. It was alleged that the parties orally agreed that the complainant would pay to the appellants a sum of Rs. 4 lakhs as price of the plot and on payment of the said amount, the appellants would transfer the plot in favour of the complainant.

It was also alleged that the complainant paid a sum of Rs.80,000/- to the appellants as consideration amount of the sale price of the plot on different dates between 15.7.2000 and 15.12.2002. The appellants alleged to have made promises to the complainant that they would execute a written agreement in favour of the complainant on 15.1.2003, but since they failed to execute the agreement on 20.1.2003, the complainant along with three other persons went to the house of the appellants and enquired about the reason for delay in execution of the agreement. The appellants flatly denied acceptance of Rs.80,000/- and refused to transfer the plot in favour of the complainant. On the basis of the above premise, a criminal complaint dated nil came to be filed in the Court of Chief Judicial Magistrate, Gaya, against the appellants. It appears from the record that Judicial Magistrate, First Class, Gaya, recorded the statements of the complainant and his witnesses on 19.4.2003 and thereupon took cognizance of the offences under Sections 406, 419, 420 and 120-B of Indian Penal Code vide order dated 8.8.2003. Being aggrieved against the order of taking of the cognizance by the Judicial Magistrate the appellants approached the High Court of Patna under Section 482 of the Cr. P.C. praying for quashing of the cognizance taken by the Magistrate. The High Court by the impugned order dated 13.1.2005 dismissed the said petition. Hence, this appeal by way of special leave.

There cannot be any disagreement to the well-settled proposition of law that the High Court should exercise its inherent powers in extreme exceptions to quash an FIR or a complaint. The ratio as laid down in Trisuns Chemical Industry's case (supra) is of no help and assistance to the complainant in the facts and circumstances of the present case. The complaint instituted does not disclose that an offence under Section 420 is made out. Cognizance taken by the Magistrate thereon against the appellants for offences u/Ss. 406/419/420 and 120-B IPC are clearly an abuse of the process of court and interference by this Court is expedient in the interest of justice. This is a case of extreme exception where the High Court ought to have exercised its inherent jurisdiction and power to set aside the unwarranted and unjustified order of the Magistrate impugned before it by the appellants.

For the aforementioned reasons, we quash the impugned order of the High Court of Judicature at Patna dated 13.01.2005 passed in Criminal Misc. No.11930 of 2004. Consequently, the complaint filed by the Complainant and subsequent order dated 8.8.2003 of the Judicial Magistrate, Gaya, in Complaint Case No.298 of 2003 T.R. 808/03 whereby and whereunder cognizance of offence under Sections 406, 419, 420, 120-B, IPC, has been taken against the appellants and summons have been ordered to be issued against them for facing trial for the above-said offences shall also stand quashed.

The appeal stands allowed accordingly.