Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – ss. 418, 419, 420, 467 & 468 and 471 – A plot was owned by the father of the 2nd respondent and appellant claimed purchase of such plot by sale deed dated 29.12.1993 which was registered on 05.01.1994 – Father of the 2nd respondent died in the year 1997 – In 2008, the 2nd respondent filed a suit against the appellant and sought cancellation of sale deed – In 2012, 2nd respondent also filed a complaint against the appellant alleging offences u/ss. 418, 419, 420, 467, 468 and 471 IPC – Applications filed by the appellant for discharge were rejected – Subsequently, application u/s. 482 Cr.P.C. was filed for quashing the above proceedings, however, the same was rejected by the High Court – On appeal, held: The registered sale deed of the property in question was of the year 1994, the 2nd respondent filed suit in the year 2008 seeking cancellation of sale deed – There was no allegation of impersonation or forgery of signatures in the suit filed by the 2nd respondent – Though the suit was filed in the year 2008, the 2nd respondent filed criminal complaint in the year 2012 alleging forgery and impersonation – When the matter is pending in the Civil Court regarding the validity of the sale deed, it is for the Civil Court to decide whether any fraud was played or not by the appellant, on the late father of the 2nd respondent for obtaining the sale deed – When the same issue was seized up before the Civil Court, the 2nd respondent cannot pursue criminal proceedings against the appellant for alleged offences u/ss. 418, 419, 420, 467, 468 & 471 IPC – Having regard to serious factual disputes which were of civil nature, for which civil suits were pending, allowing the 2 n d respondent to pursue his complaint in criminal proceedings would amount to abuse of the process of law – Therefore, criminal proceedings quashed. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 90 |
Petitioner | Sardar Ali Khan |
Respondent | The State Of Uttar Pradesh Through Principal Secretary Home Department & Anr. |
SCR | [2020] 1 S.C.R. 145 |
Judgement Date | 2020-01-24 |
Case Number | 161 |
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