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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Mirza Ibrahim Baig (Senior Citizen) S/o Late Mirza Mohd. Ayyub Baig – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Writ Petition has been filed by the Petitioners under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) for quashing of FIR No. 0401/2023 dated 19.11.2023, registered under Sections 420 /467/468/471/34 of the Indian Penal Code (hereinafter referred to as “ IPC ”) at Police Station Shaheen Bagh.
2. The impugned FIR was registered in compliance with the Order dated 17.11.2023 under Section 156 (3) Cr.P.C., on an Application filed by Respondent No. 2/ Mr. Mirza Islam Baig, passed by the Ld. MM (South-East District), Saket Court, New Delhi, in CT Case No. 2971/2018.
3. The factual matrix indicates a long-standing family property dispute between Petitioner No. 1/Mr. Mirza Ibrahim Baig, about 78 years and his younger brother, Respondent No. 2/Mr. Mirza Islam Baig. The other Petitioners (Nos. 2 to 6) are the sons of Petitioner No. 1.
4. It is the case of the Petitioners that Petitioner No. 1 purchased the a plot of land measuring approximately 430 sq. yards situated at Plot No. 42- 43, Jasola Nala, Main Road, Abul Fazal Enclave, Okhla, New Delhi-11002
The court affirmed that civil disputes do not preclude the initiation of criminal proceedings based on allegations of forgery and that both can arise from the same facts independently.
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
The existence of civil proceedings does not bar criminal prosecution for allegations of forgery, as distinct standards apply to criminal and civil liability.
The findings of the civil court are not binding on the criminal court, and civil and criminal proceedings can proceed simultaneously.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
The court ruled that criminal proceedings cannot proceed for a civil dispute, especially when multiple FIRs arise from the same cause, indicating an abuse of process.
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
Section 465 of IPC deals with punishment for forgery.
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