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ANAND PATHAK
Shrichand Bhau S/O Gulab Rai – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners seek quashment of fir based on ownership claims. (Para 1 , 2 , 3 , 4 , 5) |
| 2. disputed property ownership and past civil litigation details. (Para 6 , 7 , 8) |
| 3. allegations of fraud in execution of sale deeds. (Para 16 , 17 , 19) |
| 4. challenges of civil matters leading to criminal complaints. (Para 24 , 30) |
| 5. court's ruling supports validity of sale deeds, quashing fir. (Para 45 , 48) |
| 6. final order quashing fir and releasing petitioners. (Para 52 , 53) |
ORDER :
Anand Pathak, J.
The present petition under section 482 of Code of Criminal Procedure, 1973 is preferred at the instance of petitioners/accused seeking following reliefs :
2. Through this petition, petitioners are seeking quashment of FIR which was registered against them on 7-7-2021 vide Crime No. 319/2021 for the alleged offence under section 420, 467, 468, 471, and 34 of IPC. For last more than 2 years, inv
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The court affirmed that ongoing investigations by CID Crime are valid despite no FIR being registered, emphasizing that courts should not interfere unless exceptional circumstances arise.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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.
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
Criminal and civil proceedings can coexist, but inconsistencies in claims may lead to quashing of criminal proceedings if found frivolous.
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.
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