2009 Supreme(SC) 1674

2009(7) Supreme 494
SUPREME COURT OF INDIA
Tarun Chatterjee and V.S. Sirpurkar, JJ.
Parminder Kaur — Appellant
versus
State of U.P. & Anr. — Respondents
Criminal Appeal No. 1941 of 2009
Decided on : 26-10-2009

IMPORTANT POINT
Where prosecution was nothing but an abuse of the process of law proceedings initiated under Sections 420/467/468/471 of IPC against appellant were held liable to be quashed.

Headnote:Criminal Procedure Code,1973 – Section 482 – Appeal against order of High Court, whereby, High Court had dismissed an application filed by appellant for quashing the proceedings arising out of charge sheet filed under Sections 420/467/468/471 of IPC- Prosecution was initiated on the basis of FIR lodged by Complainant against appellant alleging offences under Sections 420/467/468/471 of IPC- As per the said complaint, by respondent no.2 one A and her husband H owned agricultural property, bearing Khata Nos. 40 and 2 – They were unable to look after the property and, therefore, appointed respondent No. 2 real brother of H, as their general attorney – Respondent No. 2 by virtue of general power of attorney, sold said land and delivered possession to the purchasers – He described appellant as a stranger – Two Civil Suits came to be filed by the appellant, claiming to be holding Power of Attorney for A against the purchasers – In those Civil Suits, she prayed for cancellation of the Sale Deeds – Prosecution case that while instituting these suits appellant had filed a false affidavit that she had come to know regarding the Sale Deed only on 16.5.2002 and had obtained a certified copy of Revenue Record on 27.5.2002 – Complainant’s case that in fact, the appellant had actually moved for the certified copy of Khatauni on 6.5.2002 and had already received the copy on 7.5.2002 – On that allegation, it was contended in the FIR that she had committed the offences as alleged – Complainant claimed that appellant , in order to cause loss to the complainant, interpolated the dates of Revenue Records and,therefore, the documents were forged and the same were produced in the Court in order to defraud the Court and a false affidavit had been sworn in the Court and she was liable to be punished for the same- The very fact that criminal proceedings were initiated by respondent.2 who was none else but the real brother-in-law (husband’s real younger brother) against his sister –in-law whom he described as an “unrelated person”, appellant who was about 75 years of age spoke volumes in so far as propriety of such criminal prosecutions was concerned- It was absolutely clear from manner in which the litigation was being fought that it was nothing but to wreak vengeance that criminal prosecution had been started – Evidence on record showed total absence of bona fides on part of respondent 2 to file the FIR – Whole prosecution was malafide, malicious and vengeanceful only to settle the scores of respondent no.2 against the appellant – No offence was made out against appellant under Sections 420/467/468/471 of IPC – Prosecution being nothing but an abuse of process of law, impugned judgment set aside – Appeal allowed (Paras14 to 23)

       Facts of the Case :

        Present Appeal has been filed against order of High Court, whereby, High Court had dismissed an application filed by appellant for quashing the proceedings arising out of charge sheet filed under Sections 420/467/468/471 of IPC.

        2. Prosecution in the instant case was initiated on the basis of FIR lodged by Complainant against appellant alleging offences under Sections 420/467/468/471 of IPC. As per the said complaint, by respondent no.2 one A and her husband H owned agricultural property, bearing Khata Nos. 40 and 2 – They were unable to look after the property and, therefore, appointed respondent No. 2 real brother of H, as their general attorney. Respondent No. 2 by virtue of general power of attorney, sold said land and delivered possession to the purchasers. He described appellant as a stranger. Two Civil Suits came to be filed by the appellant, claiming to be holding Power of Attorney for A against the purchasers- In those Civil Suits, she prayed for cancellation of the Sale Deeds.

        3. It was Prosecution case that while instituting these suits appellant had filed a false affidavit that she had come to know regarding the Sale Deed only on 16.5.2002 and had obtained a certified copy of Revenue Record on 27.5.2002.Complainant’s case that in fact, the appellant had actually moved for the certified copy of Khatauni on 6.5.2002 and had already received the copy on 7.5.2002. On that allegation, it was contended in the FIR that she had committed the offences as alleged – Complainant claimed that appellant , in order to cause loss to the complainant, interpolated the dates of Revenue Records and,therefore, the documents were forged and the same were produced in the Court in order to defraud the Court and a false affidavit had been sworn in the Court and she was liable to be punished for the same.

       Findings of the Court :

        The very fact that criminal proceedings were initiated by respondent.2 who was none else but the real brother – in – law (husband’s real younger brother) against his sister in – law whom he described as an “unrelated person”, appellant who was about 75 years of age spoke volumes in so far as propriety of such criminal prosecutions was concerned. It was absolutely clear from manner in which the litigation was being fought that it was nothing but to wreak vengeance that criminal prosecution had been started. Evidence on record showed total absence of bona fides on part of respondent 2 to file the FIR . Whole prosecution was malafide, malicious and vengeanceful only to settle the scores of respondent no.2 against the appellant. No offence was made out against appellant under Sections 420/467/468/471 of IPC. Prosecution being nothing but an abuse of process of law, impugned judgment of High Court was held liable to be set aside. Appeal allowed