Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—While exercising its jurisdiction under Section 482 of the CrPC, the High Court has to be conscious that this power is to be exercised sparingly and only for the purpose of prevention of abuse of the process of the court or otherwise to secure the ends of justice—Whether a complaint discloses a criminal offence or not, depends upon the nature of the act alleged there under—Whether the essential ingredients of a criminal offence are present or not, has to be judged by the High Court—A complaint disclosing civil transaction may also have a criminal texture—But the High Court must see whether the dispute which is in substance of a civil nature is given a cloak of a criminal offence—In such a situation, if civil remedy is available and is in fact adopted, as has happened in the case on hand, the High Court should have quashed the criminal proceeding to prevent abuse of process of court.
[Para 17]
Section 482—Quashing of criminal proceedings declined by the High Court—Appeal—Conspiracy to cheat by forging sale deed—Complaint registered under Sections 120B, 420, 468 & 471 of IPC—Specific case of original complainant that at no point of time he had executed the disputed sale deed and his signature on disputed sale deed has been forged—Neither report of handwriting expert is obtained nor purchaser of plot in question and others have been arrayed as accused—Perfunctory investigation cannot be a ground either to quash the criminal proceedings or even to acquit the accused—Civil Court is seized of the question as regards the legality and validity of the disputed sale deed—Matter is sub-judice in the Civil Court—It will not be proper to permit the criminal prosecution to proceed further on the allegation of sale deed being forged—Complaint quashed—Court clarifies that present order shall not be cited as a precedent.
[Paras 12 to 14 & 18]
Decision : Appeal allowed