Civil Nature of Dispute – Continuation of the Complaint Shall Be Gross Misuse of Process of the Law High Court of Punjab and Haryana Quashes Criminal Proceedings
The High Court of Punjab and Haryana, in a significant ruling, has quashed the criminal proceedings in a property dispute case. The Court observed that the dispute was of a civil nature and continuing with criminal proceedings would constitute a “gross misuse of the process of the law.”
The case, titled ‘Avtar Singh and another v. State of Punjab and others,’ revolved around a property dispute. The complainant, Ajmer Kaur, alleged that the petitioners, along with others, fraudulently executed a sale deed of a property that she claimed to have bought. However, the petitioners argued that they legally inherited the property and sold it. The matter led to criminal proceedings against the petitioners under various sections of the Indian Penal Code (IPC), including forgery and fraud.
Justice Deepak Gupta, while assessing the case, observed, “No criminal element can be found, so as to invoke any of the provisions of IPC.” The Court noted that the petitioners had inherited the property and their sale deed could not be deemed fraudulent. Additionally, the Court pointed out that civil courts had already adjudicated upon the legality of the sale deeds involved and found both to be valid. Justice Gupta remarked, “Continuation of the complaint in question shall be gross misuse of process of the law.”
The judgment underscored the distinction between civil and criminal disputes. The Court applied principles of law that prevent the misuse of criminal proceedings in matters that are essentially civil disputes. The relevant sections of the IPC pertaining to fraud and forgery were considered, but the Court found them inapplicable in this civil matter.
The High Court quashed the criminal complaint No. 212/1/05 dated 15.09.2005, titled as ‘Ajmer Kaur v. Surjit Singh and another’, along with the summoning order dated 28.09.2011 and all subsequent proceedings.
Date of Decision: January 30, 2024
Avtar Singh and another v. State of Punjab and others
