“A Civil Dispute Cast in the Shadow of Criminal Misconduct”
Are you familiar with such lines trending these days?
The significance of such widespread usage can be derived from the films:
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See you in court!
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I will sue you.
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Aisi dhara lagwainge na ki zamanat bhi nhi milegi!
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Today, it gains momentum in order to take vengeance when people sue under criminal law, while the case centers around a civil dispute.
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The bench of Justices Indira Banerjee and JK Maheshwari observed that while considering a petition seeking quashing of criminal proceedings, the High Court should examine whether a complaint discloses criminal offence or not depends on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not. Randheer Singh vs. State of UP | LL 2021 SC 574
The appellant alleges that Arjun Dev and his wife Bela Rani were registered as Bhumidhar of Plot No. 971M, area 918 Aire, and executed a registered power of attorney in favor of the deceased applicant, Rajan Kumar. Rajan Kumar executed sale deeds in favor of the appellant and his family members on various dates, leading to the mutation of their names in the revenue records. Smt. Beena Srivastava filed an Original Suit No. 971 of 2014 for cancellation of the Power of Attorney and sale deeds, but the suit was dismissed under Order VII Rule 11 of the Code of Civil Procedure.
?The jurisdiction under Section 482 is not exercised for the asking, as it is exercised with care in exceptional cases. The scope of interference with an FIR is much more restricted, and the court usually does not interfere under Article 226 of the Constitution of India when there is an alternative remedy available. The High Court rejected the writ petition, citing the lack of a police report and the lack of citation of Bela Rani as a witness.
?The only question is whether there is any criminal offense disclosed in the FIR. The criminal proceedings against Rajan Kumar have abated since he is no longer alive. In the meantime, Rajan Kumar, who is no longer alive, on the basis of a false Power of Attorney of Bela Rani, executed a sale deed in favor of Randheer Singh, and Bela Rani had no right to sell the aforesaid plot.
?The court held that criminal proceedings appear to be used to harass a purchaser.
The FIR does not list any offenses against the appellant, as previously stated. The appellant's involvement in a criminal offense is unclear, and the charge sheet (extracted above) is imprecise. Section 482 of the Cr.P.C. should be utilized carefully to prevent abuse of the court's procedure and uphold justice.
The High Court must decide whether a complaint discloses a criminal offense or not based on the nature of the allegations and if the basic elements of a criminal offense are present. There can be no doubt that a complaint detailing civil transactions may also have a criminal component. However, the High Court has to see whether The dispute of a civil nature has been given the color of a criminal offense. In such a situation, the High Court should not hesitate to quash the criminal proceedings as held by this Court in Paramjeet Batra (supra), extracted above.
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