In a significant legal battle, the Supreme Court of India rendered a judgment in the case of appeal by [Appellant] against [Respondent]. The appellant claimed ownership of a disputed plot through a sale deed, vehemently contested by the respondent. After a series of civil suits and multiple appeals, the apex court intervened, quashing criminal proceedings initiated by the respondent against the 87-year-old appellant. This landmark decision upholds fairness and justice, ensuring the due process of law. Read on for a detailed overview of the case.
Facts
- The appellant filed an application for discharge which was rejected initially.
- The appellant claimed ownership of a plot through a sale deed dated December 29, 1993.
- The appellant’s brother filed a complaint alleging the theft of the original sale deed from the mutation file by the 2nd respondent.
- A case was registered against the appellant and his brother based on a complaint filed by the 2nd respondent.
- Multiple suits and appeals were filed regarding the disputed property and ownership claims.
- Interim orders were passed to maintain status quo in respect of the land in dispute.
- Civil Miscellaneous Writ Petitions were filed which are pending before the High Court.
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Analysis
- The appellant purchased the plot in question through a registered sale deed in 1994.
- A civil court is already seized of the matter regarding the validity of the sale deed and any alleged fraud by the appellant.
- The suit for cancellation of the sale deed was filed 14 years after the sale deed was executed.
- The delay in filing the criminal complaint against the appellant is about 4 years after the civil suit.
- Allowing the criminal proceedings against an 87-year-old appellant in these circumstances would amount to an abuse of the process.
- No allegations of impersonation or forgery of signatures were made in the suit filed by the respondent.
- The respondent filed the suit seeking cancellation of the sale deed in 2008, but the criminal complaint was filed only in 2012.
- The respondent’s father passed away in 1997, and the suit was filed in 2008 regarding the sale deed executed in 1994.
- The respondent cannot pursue the criminal complaint when the civil suit for cancellation of the sale deed is already pending.
- Serious factual disputes of civil nature exist between the parties
- Civil suits are pending to address these disputes
- Allowing the 2nd respondent to pursue the complaint in criminal proceedings is an abuse of the process of law
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Decision
- The criminal proceedings are fit to be quashed by allowing the appeal.
- The criminal appeal is allowed, and the impugned order dated 12 March, 2018, passed in Criminal Miscellaneous Application No.5684 of 2016 by the High Court of Judicature at Allahabad is set aside.
- The application filed by the appellant under Section 482, Cr.P.C. is allowed by quashing the proceedings in Complaint Case No.708 of 2012 for offences under Sections 418, 419, 420, 467, 468 and 471 IPC at Police Station Kaimganj, District Farrukhabad, Uttar Pradesh.
- Consequential orders passed by the Magistrate are also quashed.
- Observations and findings in this order are solely for the purpose of disposing of this appeal arising from the application filed under Section 482 Cr.P.C.
- The civil court is open to decide various issues in pending suits on their own merits without being influenced by this order.
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Case Title: SARDAR ALI KHAN Vs. THE STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY HOME DEPARTMENT (2020 INSC 90)
Case Number: Crl.A. No.-000161-000161 / 2020
