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KULDEEP TIWARI
Neeraj Puri – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J. (Oral)
The instant petition, as cast under Section 482 of the Cr.P.C., proffers the hereinafter extracted relief, as craved by the petitioner, inasmuch as, quashing of the FIR No.116, dated 15.06.2021, under Sections 417, 465, 468, 471 and 120B of the IPC, registered at Police Station Hariana, District Hoshiarpur, and all subsequent proceedings arising therefrom, on the ground that FIR (supra) is a glaring instance of abuse of process of law, as in the instant FIR, a civil dispute has been given the colour of criminal offence.
2. Learned counsel for the petitioners submits that the documents which are per se admissible and attached with the instant petition, clearly depicts that the petitioners are the bona fide purchasers of the land in question, therefore, putting them to face trial in pursuance of the impugned FIR, would be the travesty of the justice. Therefore, by referring to the law, as laid down by the Hon'ble Supreme Court in the case, titled as "State of Haryana v. Bhajan Lal, AIR 1993 SC 1348, the prayer has been made for quashing of the instant FIR.
3. Per contra, the asked for relief has been opposed by the learned State counsel, assisted
The court ruled that disputed questions of fact regarding ownership and fraud must be resolved in trial court, not through a quashing petition under Section 482 of the Cr.P.C.
The main legal point established in the judgment is the need for cautious interference in criminal proceedings at the initial stage and the requirement of sufficient time for police investigation bef....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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 findings of civil courts are not binding in criminal proceedings, and allegations in an FIR can be substantiated by confessions and evidence presented during investigation.
The main legal point established in the judgment is that a complaint can be quashed if it is found to be motivated and mala fide, amounting to an abuse of process of law.
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