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JAGMOHAN BANSAL
Modan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioners through instant petition under Section 482 Cr.P.C are seeking quashing of FIR No. 161 dated 21.05.2010 under Sections 420 , 467, 468, 471 & 120B IPC registered at Police Station Rania, District Sirsa and consequent proceedings arising therefrom.
2. The FIR in question is outcome of litigation between family members, with respect to distribution of land of one relative who died issueless. Parties are contesting since 1976. This petition vide order dated 29.07.2013 was ordered to be heard alongwith RSA No. 407 of 1995 and 1550 of 1995.
Brief Facts:
3. Before adverting with the issues involved and arguments of both sides, it would be inevitable to look at pedigree of the disputing parties. The pedigree table is reproduced as below:-
4. The brief facts emerging from the record and necessary for the adjudication of present petition are that Rampat (deceased) executed Will dated 19.2.1968 with respect to his agricultural land measuring 170 Kanal and 2 Marla in favour of respondents No. 2 and his brothers. The petitioners challenged the Will by way of civil suit which came to be decreed in their favour vide judgment and decree dated 29.8.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
High Court u/s 482 CrPC cannot act as an investigating or appellate authority.
The High Court's inherent powers under Section 482 CrPC should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecutions.
Point of Law : The remedies available in law for false and vexatious charges have also been highlighted in the said judgment to dissuade the High Courts from exercising powers under Section 482 CrPC.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
(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 court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
The court emphasized that inherent powers to quash criminal proceedings should be exercised sparingly, particularly in serious offences, to prevent abuse of process and ensure justice.
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