Criminal proceedings arising from an exaggerated landlord-tenant dispute were quashed as an abuse of process.

The informant, who was the petitioner’s landlord, alleged that the petitioner had failed to pay four months’ rent and repay borrowed money.

When the informant demanded payment, the petitioner allegedly refused, threatened him, and provoked his two dogs to attack him; the informant allegedly escaped, while his aunt sustained injuries from a dog bite.

The FIR was initially registered for offences including Sections 324 and 307 of the Indian Penal Code (IPC).

During investigation, the allegations relating to voluntarily causing hurt and attempt to murder were found unsubstantiated.

The police submitted a charge-sheet for offences under Sections 289, 323, 406, 384 and 387 IPC, and the Chief Judicial Magistrate, Katihar, took cognizance of those offences on 7 January 2021.

The petitioner sought quashing of the FIR and, subsequently, the charge-sheet dated 30 April 2020 and the cognizance order dated 7 January 2021, contending that the case arose from a landlord–tenant dispute and had been given a criminal colour to secure his eviction.

1. Whether the FIR in Sahayak P.S. Case No. 480 of 2018 disclosed the commission of offences under Sections 289, 323, 406, 384 and 387 IPC so as to justify continuation of the criminal proceedings.

2. Whether, in view of the underlying landlord–tenant dispute, the FIR, charge-sheet and cognizance order constituted an abuse of the process of court and were liable to be quashed.

3. Whether the allegations of dog attack and injury were sufficiently supported by the injury report and investigation materials to sustain proceedings under Section 289 IPC.

The Court considered the offences alleged under Sections 289, 323, 406, 384 and 387 IPC, relating respectively to negligent conduct with respect to animals, voluntarily causing hurt, criminal breach of trust, extortion, and putting a person in fear of death or grievous hurt in order to commit extortion.

It applied the principles governing the High Court’s power to prevent abuse of the process of court, relying on State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, including the circumstances in which criminal proceedings may be quashed when the allegations do not disclose an offence or are manifestly attended with mala fide or vexatious intent.

The Court also relied on Pepsi Foods Ltd. v. Judicial Magistrate, (1998) 5 SCC 749, for the principle that issuance of process is not automatic and requires judicial application of mind to determine whether a prima facie case exists.

The Court found that the prosecution originated in a dispute between the petitioner, as tenant, and the informant, as landlord, concerning rent, repayment of money and the proposed eviction of the petitioner.

The investigating agency had already found the allegations supporting Sections 323 and 307 IPC to be unproved, and cognizance was not taken under those provisions.

The injury report did not record a dog bite; it described a lacerated wound caused by a hard and blunt substance and noted the absence of a treatment requisition from the patient or police.

In that factual setting, the Court held that the allegation concerning the dogs and the remaining allegations of breach of trust and extortion appeared exaggerated and were insufficient to constitute the alleged offences.

Continuing the prosecution would therefore amount to abuse of the process of court, particularly because the criminal case appeared connected with the landlord’s attempt to secure the petitioner’s eviction.

It held that the allegations, viewed in the context of the landlord–tenant dispute and the investigation materials, did not make out the alleged offences or justify continuation of the prosecution.

The FIR in Sahayak P.S. Case No. 480 of 2018 was quashed.

Consequently, the charge-sheet dated 30 April 2020 and the cognizance order dated 7 January 2021 passed by the Chief Judicial Magistrate, Katihar, were also quashed.

The criminal miscellaneous application was accordingly allowed.