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ASHOK KUMAR JAIN
Lajwanti, W/o. Shri Paras Tak, D/o. Lt. Bheru Lal Tak – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The present petition under Section 482 Cr.P.C. has been preferred by the accused-petitioners being aggrieved by order dated 20.07.2016 passed by the learned Additional Sessions Judge, Nathdwara in Criminal Revision No.12/2014 whereby the revision preferred by the petitioners has been dismissed and the order dated 25.06.2013 passed by the learned Additional Chief Judicial Magistrate, Nathdwara in Criminal Regular Case No.368/2013 has been confirmed.
2. The facts in nutshell are that respondent No.2 Vijay Shanker lodged an FIR No.260/2011 at Police Station Nathdwara stating therein that on 31.08.2010 and 03.09.2010, the accused-petitioners No.1 to 5 executed a sale deed of the agricultural land situated in Khasra Nos.579-586 ad measuring to 4 Bigha 19 biswa, claiming it to be their 1/5th share over the said land for which they received Rs.14.5 lacs from the complainant-respondent No.2. It was further alleged that accused Umakant and Mahesh Chandra assured that the aforesaid land belongs to accused Nos. 1 to 5 and the same was shown as undisputed. After execution of sale-deed Manohari Bai, Pappu Bai, Puphpa Bai and Panna Lal came there to claim the said land as owned by them
Offence of cheating as provided under Section 415 IPC.
Criminal proceedings cannot be used to settle civil disputes when the civil court has already made decisions on the matter.
Civil disputes may carry elements of criminal offenses; thus, courts must assess if sufficient grounds for criminal liability exist on a case-by-case basis.
At the stage of framing of charge, the Trial Court is only required to prima facie presume whether a case against the accused may be made out.
The court emphasized that civil disputes should not be transformed into criminal cases without the necessary ingredients of a criminal offence, allowing the quashing of proceedings.
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
Criminal proceedings should not continue when allegations pertain to civil disputes, as they can constitute an abuse of the legal process under Section 482 of Cr.P.C.
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