Quashing of criminal proceedings for society-management dispute upheld where arbitration was pending and complainant consented.

Criminal proceedings arising from the registered crime were quashed under the High Court's inherent powers because the dispute was essentially inter se between rival groups over Society management. A connected common judgment had already appointed a sole arbitrator to resolve the parties' existing disputes, and the complainant gave an unconditional consent affidavit with no objection to quashing. On these facts, the Court held that continuation of the prosecution would amount to abuse of process of law and terminated the proceedings.

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Issues: Whether the criminal proceedings arising from the registered crime were liable to be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The petitioners sought quashing on the ground that the dispute was essentially inter se between rival groups concerning management of the Society. The Court noted that a common judgment in connected writ appeals had appointed a sole arbitrator to decide the existing disputes between the parties and had kept the parties at liberty to agitate their claims before the arbitrator. The de facto complainant also filed an affidavit giving unconditional consent and no objection to quashing. In view of these circumstances, the Court found that continuation of the criminal proceedings would amount to abuse of process of law.

Conclusion: The criminal proceedings were quashed.

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