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B. V. NAGARATHNA, R. MAHADEVAN
Anukul Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
R. MAHADEVAN, J.
Leave granted.
2. This Criminal Appeal is directed against the final judgment and order dated 22.10.2019 passed by the High Court of Judicature at Allahabad1[Hereinafter referred to as “the High Court”] in Application No. 3856 of 2004, whereby the High Court dismissed the appellant’s application filed under Section 482 of the Code of Criminal Procedure, 19732[For short, “Cr.P.C”] seeking quashing of the charge sheet as well as the consequential proceedings arising out of Crime No. 47 of 2003, registered at Police Station Bilari, District Moradabad, for offences punishable under Sections 420, 467, and 468 of the Indian Penal Code, 18603[For short, “IPC”].
3. According to the appellant, his father Shri Netrapal Singh purchased land admeasuring 8.592 hectares, situated in Khasra Nos. 18, 19, 20, 21 and 22 of Village Sherpur Mafi, Tehsil Bilari, District Moradabad from one Akil Hussain by a registered sale deed dated 09.08.2000. After the purchase, the appellant’s father applied for mutation of the property in his favou
(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....
(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.
The power to quash criminal proceedings should be exercised sparingly, and the stage of discharge or quashing is not for conducting a mini trial but to consider whether sufficient material is availab....
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
Criminal proceedings initiated primarily to convert a civil dispute into a criminal prosecution constitute an abuse of process of law.
The power under Section 482 Cr.P.C. is to be exercised sparingly and with circumspection, and the court must evaluate whether the ends of justice would justify the exercise of the inherent power.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426 [Paras 8.5
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