Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
H.S.GREWAL
Jagdev Puria – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
H.S. Grewal, J.
This petition has been filed under Section 482 Cr.P.C. by the petitioner for quashing of FIR No.20 dated 08.02.2022, under Sections 420, 465, 467, 468, 471, 120-B IPC read with Section 82 of the Registration Act, 1908 registered at Police Station Division No.7, Jalandhar and all other subsequent proceedings taken therein on the ground that the FIR has wrongly been registered since the dispute is purely civil in nature.
2. Learned counsel for the petitioner submits that the present FIR is an abuse of the process of law as on the initial complaint of the complainant, a detailed enquiry had been conducted by the Assistant Commissioner of Police, Headquarter, Jalandhar wherein it was found that the dispute between the parties is of civil in nature. Subsequently, as per the opinion of the District Attorney Legal, Jalandhar, no further action was called for and the file was consigned to the record. The enquiry report of the Assistant Commissioner of Police, Headquarter Jalandhar and the report of the District Attorney, Legal, Jalandhar are appended at Annexures P-22 & P-23 respectively. But later on, a similar complaint was filed and the present FIR has been regis
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 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.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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....
(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.
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
