Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Harbir Singh Gill – Appellant
Versus
Kulbir Singh – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This order shall dispose of both the above mentioned petitions as they arise from similar factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-8629-2011.
2. The present petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') for quashing of Criminal Complaint No.22833 of 2010 dated 30.07.2010 (Annexure P-1) titled as 'Kulbir Singh Gill Vs Harbir Singh Gill and others' summoning order dated 05.01.2011 (Annexure P-2) passed by the learned Additional Chief Judicial Magistrate, Chandigarh against petitioners under Sections 447/457/341 of IPC and all consequential proceedings arising therefrom.
3. Succinctly, the facts, as alleged, are that the petitioner-Harbir Singh Gill, petitioner-Rajbir Singh and the respondent-Kulbir Singh are real brothers who were residing together as a joint family in House No.140, Sector 27-A, Chandigarh. In view of a verbal settlement arrived at in the year 1993, at the instance of their father Dilbag Singh, the brothers were given possession over different portions of the said house. The respondent was residing in a government accommodation, wh
Civil disputes should not be converted into criminal cases; FIR quashed as allegations did not constitute an offense and indicated mala fides.
The court determined that allegations against the petitioners were devoid of any criminal basis, equating the matter to a civil dispute, thus quashing the criminal proceedings.
The court quashed the FIR due to the absence of prima facie evidence for the charges, affirming that vague allegations do not substantiate criminal liability, and distinguished the matter as a family....
Criminal proceedings cannot be used to settle civil disputes, and the essential ingredients of criminal offences must be established for the charges to be valid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
