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No criminal proceeding if the case is sub judice in civil court.

FACTS:

  1. A forged sale deed was executed without any knowledge of the owner.
  2. A criminal suit was filed for criminal conspiracy and civil suit seeking cancellation of the civil suit.
  3. Investigation found that the purchasers are the bono fide purchaser without any notice and the person acting as the complainant before the registrar is an unknown person.
  4. The appellant filed an application in HC u/s 482 of CrPc and prayed for quashing of the criminal 3 prosecution.
  5. The HC declined as in its view there is prima facie case.
  6. Aggrieved by this an appeal was made to SC.

CONTENTION OF APPELLANT:

  1. He did not forged any document and is not part of any criminal conspiracy.
  2. Sale deed was executed by the original complainant.

CONTENTION OF RESPONDENT:

No sale deed was executed by the respondent, that is the original complainant.

OBSERVATION:

  1. No sale deed was executed by the original complainant and the signature on the disputed sale deed was forged.
  2. The police did not collect the specimen handwriting of the complainant to compare it with the disputed signature.
  3. No investigation regarding whether the sale consideration was paid or not and in what ways.
  4. No basis of the chargesheet filed.
  5. No convincing evident against the appellant to trial for alleged offences.
  6. No permit for the criminal prosecution of the appellant. And the criminal proceeding was quashed.

JUDGMENT: Allowed

Original Citation:   Crl.A. No. 2290/2022 – D.No. 14583 / 2021 15-Dec-2022

Written by Anchal Pagar, New Law College, Bharati Vidhyapeeth, Pune

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