TaxTMI 
TaxTMI 
2015 (4) TMI 1373
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....assed by the Gauhati High Court in Criminal Petition No. 287 of 2009, whereby said Court has dismissed the petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") and declined to quash the criminal proceedings initiated against the appellant. 2. We have heard learned counsel for the parties and perused the papers on record. 3. Brief facts of the case are that a First Information Report dated 25.1.2009 was got lodged by respondent No. 3 Rabindra Nath Kalita at Police Station, Panbazar, District Kamrup, Assam. It is alleged in said report that Kaustav K. Kalita is minor son of respondent No. 3. He (Kaustav K. Kalita), respondent No. 4 Rishi Raj Borgohain, and respondent No. 5 Yuva Raj Borgohain are patt....
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....earing the parties, the High Court was not impressed with the arguments advanced on behalf of the accused (appellant), and observed that since the allegations made against him make out a cognizable offence, and the allegations are serious in nature, as such, it declined to interfere with the criminal proceedings. The High Court further opined that the complainant has not acted mala fide. 6. Learned counsel for the appellant argued before us that since there are two suits already instituted, one filed by Birendra Kumar Das and another filed by the complainants, as such, the criminal proceedings in the matter are nothing but abuse of process of law. 7. In response to the above, learned counsel for the respondents/complainants drew our a....
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....rmation Report are not frivolous, mala fide or vexatious, it cannot be simply quashed for the reason that civil suit is also pending in the matter. Paragraphs 2, 3 and 33 of said case are reproduced below: - "2. The factual score as depicted is that the appellant is a non-resident Indian (NRI) living in Germany and while looking for a property in Greater Noida, he came in contact with Respondent 2 and her husband, Raghuvendra Singh, who claimed to be the owner of the property in question and offered to sell the same. On 24-3-2008, as alleged, both the husband and wife agreed to sell the residential plot bearing No. 131, Block Cassia Fistula Estate, Sector Chi-4, Greater Noida, U.P. for a consideration of Rs 2,43,97,880 and an agree....
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....a Goel who had got her name mutated in the record of the Greater Noida Authority. Coming to know about the aforesaid factual score, he demanded refund of the money from the respondents, but a total indifferent attitude was exhibited, which compelled him to lodge an FIR at Police Station Kasna, which gave rise to Criminal Case No. 563 of 2009. xxx xxx xxx 33. Applying the aforesaid parameters we have no hesitation in coming to hold that neither the FIR nor the protest petition was mala fide, frivolous or vexatious. It is also not a case where there is no substance in the complaint. The manner in which the investigation was conducted by the officer who eventually filed the final report and the transfer of the investigation e....