Quashing of Criminal Proceedings in Property Dispute: Key Judgment Analysis

The case at hand revolves around a longstanding property dispute between Sardar Ali Khan and the complainant regarding ownership rights over a plot of land in Kaimganj, District Farrukhabad, Uttar Pradesh. The dispute eventually escalated into a criminal case when allegations of forgery and fraudulent transfer of property were brought against the appellant.

The appellant, Sardar Ali Khan, purchased the disputed plot through a sale deed dated December 29, 1993, which was registered on January 5, 1994. The complainant, who is the legal heir of the original owner, Faheem Ali Khan, alleged that the sale deed was fraudulently executed. Consequently, he filed a civil suit in 2008 seeking cancellation of the sale deed, nearly 14 years after its execution.

In 2012, four years after filing the civil suit, the complainant initiated criminal proceedings against the appellant under Sections 418, 419, 420, 467, 468, and 471 IPC, accusing him of forgery and fraud. The appellant challenged these proceedings, arguing that the matter was purely civil in nature and that the criminal case was an abuse of legal process.

Key Arguments Presented

Petitioner’s Arguments

• The appellant’s legal team contended that the criminal proceedings were initiated with an ulterior motive, long after the property transaction had taken place.
• They highlighted that the complainant had waited 14 years to challenge the sale deed and then an additional four years before filing criminal charges.
• It was emphasized that the dispute was already being addressed in a civil court and that allowing parallel criminal proceedings would be unjust.

Respondent’s Arguments

• The complainant argued that the sale deed was obtained fraudulently and that criminal action was necessary to hold the accused accountable.
• He stated that the delay in filing the complaint was due to the discovery of fraudulent acts at a later stage.
• He urged that the High Court should not interfere at the preliminary stage and that the trial should proceed.

Supreme Court’s Observations

• The Supreme Court noted that the sale deed had been executed in 1993 and registered in 1994, yet the complainant challenged its validity only in 2008.
• The Court found it questionable that criminal proceedings were initiated four years after the civil suit was filed.
• It observed that no allegations of impersonation or forgery were made in the civil suit, which cast doubt on the veracity of the criminal complaint.
• Emphasizing the principle laid down in previous judgments, the Court reiterated that criminal law should not be used as an instrument to settle civil disputes.

Judgment and Conclusion

The Supreme Court ruled in favor of the appellant and quashed the criminal proceedings, stating:

“Allowing the proceedings to go on against the appellant, who is stated to be about 87 years, in the above set of facts, is nothing but abuse of the process.”

It held that when serious factual disputes of a civil nature are pending before a competent civil court, allowing criminal proceedings to continue would be unjustified. The Court further clarified that its observations were limited to the criminal case and that the civil court should independently adjudicate the property dispute.

This landmark judgment reaffirms the principle that criminal law should not be misused to gain an unfair advantage in civil disputes. It underscores the importance of judicial intervention in preventing abuse of legal processes.

Petitioner Name: Sardar Ali Khan.
Respondent Name: The State of Uttar Pradesh through Principal Secretary Home Department & Anr..
Judgment By: Justice Mohan M. Shantanagoudar, Justice R. Subhash Reddy.
Place Of Incident: Kaimganj, District Farrukhabad, Uttar Pradesh.
Judgment Date: 24-01-2020.

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