Court finds allegations of forgery and conspiracy unsubstantiated, emphasizing the civil nature of the dispute.
In a significant ruling, the Punjab and Haryana High Court has quashed an FIR lodged against Parveen Nain and others, which involved allegations of forgery and conspiracy related to a land sale agreement. The court, presided over by Justice H.S. Grewal, determined that the FIR was an abuse of the legal process, with no prima facie evidence of criminal conduct by the petitioners.
The case stemmed from a complaint by Ajay Kumar, who alleged that the accused had conspired to defraud him by altering the sale price in an agreement from Rs.1.25 crore per acre to Rs.25 lakh per acre. The complainant also claimed threats and coercion from the accused to register the sale deed at the lower price.
However, upon reviewing the registered agreement, the court found no evidence of alteration or forgery. Justice Grewal noted that the numeric and written sale price in the agreement was consistent and intact. Furthermore, the court was not convinced by the complainant's claim, especially considering that he later sold the land at Rs.35 lakh per acre, which contradicted his allegations of a higher agreed price earlier.
The court highlighted the Supreme Court's caution against converting civil disputes into criminal cases, referencing several precedents, including the landmark Bhajan Lal case. The judgment reiterated that civil and criminal proceedings could coexist only when a clear prima facie case of criminality is evident, which was lacking in this instance.
Justice Grewal emphasized that the FIR appeared to be a tactic to evade civil liabilities and underscored the importance of not misusing criminal law for settling civil scores. As a result, the court quashed the FIR and all related proceedings against the petitioners, bringing relief to them and reiterating the judiciary's stance against the misuse of criminal proceedings in civil disputes.
Bottom Line:
Quashing of FIR - FIR lodged to settle civil scores - Allegations against petitioners not prima facie made out - Registered agreement to sell found genuine without evidence of forgery or overwriting.
Statutory provision(s):
- Criminal Procedure Code, 1973, Section 482
- Indian Penal Code, 1860, Sections 120B, 420, 467, 468, 471
Parveen Nain v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2860563
