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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Patel Vallabhbhai Punjaram – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. quashing a criminal case based on alleged forgery (Para 1) |
| 2. defendant's arguments against the criminal process (Para 3) |
| 3. state's support for the ongoing proceedings (Para 5) |
| 4. court's assessment of the complaint and process issuance (Para 6) |
| 5. dismissal of the quashing petition (Para 7) |
ORDER :
J. C. DOSHI, J.
1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash and set aside the Criminal Case No.56 of 2010 with the learned Judicial Magistrate, First Class, Kadi and all other proceedings initiated pursuant thereto. 2. The Respondent No.2–Complainant and the Applicant– Accused are co-tenants in Property No. City No. 12/1 situated in City Survey No. 71/B1 at Village: Kadi, Taluka Kadi, District Mehsana, for the past 20 years. On 22.09.2008, the complainant entered into an agreement with the applicant for operating a hotel business under the name “Tulsi” on the said premises owned by Shri Gulabnabi Haji Mohmad and Shri Abdulkadar Mohamad Siddiki. It is alleged that the applicant started acting in a manner detrimental to the complainant’s interest in the joint business and subsequently forged a Consent Agreemen
Courts exercise caution in quashing FIRs, only intervening if no cognizable offense is disclosed; criminal proceedings should not be scuttled prematurely.
Forged signature – Quash of proceedings - Court cannot quash the proceedings under Section 482 of Cr.P.C. and cannot answer with regard to the disputed questions involved in the matter.
The main legal point established in the judgment is that lack of prima facie evidence and mala-fide intention in a civil dispute can lead to the quashing of criminal proceedings.
The main legal point established is that if the allegations in the complaint disclose the offence of forgery, the High Court should not interfere with the investigation and that the pendency of civil....
Forgery – Charge of forgery cannot be imposed or sustained against a person against whom prima facie allegation of making false letter in question has not been established.
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.
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