Supreme Court Revives FIR Quashing Plea in Property Dispute Case High Court's dismissal overturned; directed to reassess allegations with police report in Punjab property case
In a significant legal development, the Supreme Court of India has set aside the Punjab and Haryana High Court's decision dismissing a petition to quash an FIR related to a property dispute in Punjab. The apex court has directed the High Court to reconsider the case after examining the police report and the materials submitted by the investigating agency.
The case, titled "Jagdev Puria v. State of Punjab," revolves around a criminal appeal by Jagdev Puria, who challenged the High Court's dismissal of his petition. The FIR in question, registered on February 8, 2022, at Police Station Division No.7 in Jalandhar, Punjab, alleges that Puria presented a fraudulent sale deed to stake a claim on property owned by the informant, who had acquired it from a different set of vendors.
The Supreme Court bench, comprising Justices Manoj Misra and Manmohan, emphasized the necessity for the High Court to examine whether the allegations constitute a prima facie criminal offence. It was highlighted that merely setting up a rival claim with different title documents does not amount to forgery or cheating unless a false document is created or there is an intention to deceive.
The High Court had previously dismissed the petition under Section 482 of the Criminal Procedure Code, citing disputed factual questions regarding the property's authenticity and identification, which it deemed unsuitable for determination under Section 482 CrPC.
However, the Supreme Court noted that after the police investigation, a report had been submitted under Section 173(2) of CrPC, which the High Court had not considered. The apex court underscored the importance of reviewing the police report to ensure justice is served.
In its order, the Supreme Court clarified that it has not expressed any opinion on the merits of the case or the arguments presented by either party. The High Court has been instructed to decide the matter afresh, allowing the parties to amend their pleadings and file supplementary affidavits if necessary.
The decision underscores the judiciary's commitment to ensuring due process and the thorough examination of evidence before reaching a conclusion in complex legal disputes.
Bottom Line:
Quashing of FIR - Mere existence of rival claims based on different title documents does not constitute an offence unless a false document is created or intention to cheat is established. High Court must examine prima facie allegations and materials placed with police report under Section 173(2) CrPC before making a decision.
Statutory provision(s): Section 482 CrPC, Section 173(2) CrPC, Section 464 IPC, Section 420 IPC, Section 82 of the Registration Act, 1908
Jagdev Puria v. State of Punjab, (SC) : Law Finder Doc Id # 2848524
