VIKRAM NATH, SATISH CHANDRA SHARMA
State of Madhya Pradesh – Appellant
Versus
Shilpa Jain – Respondent
JUDGMENT :
Satish Chandra Sharma, J.
Introduction
1. The present appeals arise out of a common order dated 14.01.2016 passed by the High Court of Madhya Pradesh (the “High Court”) in Miscellaneous Criminal Case bearing numbers (i) 6972 of 2015; (ii) 6981 of 2015; and (iii) 7663 of 2015, whereunder the High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure (“CrPC”) quashed (i) a First Information Report bearing number 551 of 2015 dated 25.07.2015 registered at PS Khategaon, Dewas (the “FIR”) under Section(s) 420, 466, 467, 468, 471 and 120B of the Indian Penal Code, 1872 (the “IPC”); and (ii) the criminal proceedings emanating thereof (the “Impugned Order”).
Factual Background
2. The facts and proceedings germane for contextual understanding of the present lis, are as follows:
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(1) Revenue records are not documents of title – Questions of title can only be determined by a civil court of competent jurisdiction.(2) A civil dispute may metamorphose into a criminal dispute.
(1) Exercise of inherent jurisdiction – Appreciation of contradictions or inconsistencies in witness statements lies within exclusive domain of trial Court and not in proceedings under Section 482 Cr....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
(1) Cheating, forgery and conspiracy – Criminal process cannot be permitted to become a weapon of harassment and coercion in disputes concerning title over immovable property.(2) When a person execut....
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
(1) Mere fact that the offence is covered under a ‘special statute’ would not inhibit Supreme Court or High Court from exercising their respective powers under Article 142 of Constitution or Section ....
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