Court emphasizes the primacy of civil remedies over criminal proceedings in property disputes, highlighting potential prejudice to ongoing civil suits.
In a significant judgment, the Uttarakhand High Court has quashed an FIR lodged in a property dispute involving allegations of demolition, theft, and illegal possession. The court underscored that criminal proceedings should not proceed when civil suits concerning the same property are already underway, as it could prejudice the outcome of the civil litigation. The judgment, delivered by Justice Rakesh Thapliyal, addressed two writ petitions filed under Article 226 of the Constitution of India, seeking the quashing of FIR No. 18 of 2025.
The case revolved around a property known as Modi Bhawan located in Mussoorie, which was subject to ongoing civil litigation between the parties involved. The complainant, a co-owner of the property, alleged that the property was demolished, and valuable items were stolen. The FIR was filed under the Bharatiya Nagarik Suraksha Sanhita, 2023, after initial complaints to the police yielded no action.
The petitioners contended that the FIR was baseless, with no specific allegations against them, and emphasized that the issue was essentially a civil dispute. The court noted that both parties had already availed civil remedies by filing respective suits, seeking injunctions and damages related to the property. The court observed that allowing the criminal investigation to continue could unfairly influence the civil proceedings, which were yet to be adjudicated.
The judgment further highlighted that the continuation of the criminal investigation in such cases amounts to an abuse of the process of law, especially when the same allegations are being addressed in civil court. The court cited precedents from the Supreme Court, emphasizing that civil disputes should not be given a criminal cloak unless there is clear evidence of criminality.
The High Court's decision underscores the judiciary's role in ensuring that criminal law is not misused as a tool for harassment in civil disputes. It also reinforces the principle that civil remedies should be exhausted before resorting to criminal proceedings in matters primarily involving property rights.
Bottom line:-
Criminal proceedings based on property disputes are unwarranted when civil suits over the same property are pending; continuation of investigation in such cases may prejudice the outcome of the civil suits.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(3)
Ajay Kumar Sikri v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2918744
