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by Admin
28 December 2025 10:17 AM
“Criminal Law is Not a Tool to Settle Scores in Civil Disputes” - The Telangana High Court quashing criminal proceedings in Crime No. 183 of 2020 registered for alleged trespass, cheating and intimidation. Justice J. Sreenivas Rao, exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, held that the FIR was nothing more than an attempt to criminalize a property dispute already being contested in civil courts, and stated that allowing such proceedings would “constitute a clear abuse of the process of law.”
The case concerned allegations relating to a land dispute in Survey No. 956 of Miryalguda, where both parties had already filed multiple suits for declaration of title and injunction. The High Court noted that the allegations made in the complaint were not only unspecific, but also inconsistent, and that criminal proceedings could not be used to pressurize litigants in pending civil cases.
“Merely Giving a Civil Dispute a Criminal Colour Does Not Invoke Criminal Liability Where Ingredients of Offence Are Absent”
The Court opened its analysis by observing that the entire dispute centred on ownership and title to land, which was already the subject of three pending civil suits, namely O.S. No. 32 of 2015, O.S. No. 33 of 2015, and O.S. No. 15 of 2023, involving both the petitioners and the de facto complainant. Justice Sreenivas Rao underscored that:
“Whether the registered sale deed dated 24.01.2015 is genuine or not, and whether the accused is entitled to claim any rights over the property or not, have to be adjudicated and decided by the competent civil court.”
The FIR in question was registered on the basis of a second complaint dated 02.10.2020, which alleged that the accused persons had created false documents, entered the complainant's land, and demanded money under threats. However, an earlier complaint dated 29.09.2020 had made no mention of such intimidation or trespass. The Court found this discrepancy troubling and stated:
“Non-disclosure of material facts and change in allegations undermine the genuineness of the complaint.”
Significantly, the FIR also failed to make specific allegations against several of the accused—particularly accused Nos. 5 to 7 and 9—whose names were not even mentioned in the complaint narrative. The Court held that in the absence of individual roles or acts, mere implication of names does not satisfy the requirement for criminal prosecution:
“There are no specific allegations against the petitioners that they illegally trespassed into the land and demanded money, and even their names were not mentioned in the complaint dated 02.10.2020.”
“A Civil Litigant Cannot Bypass the Course of Civil Justice by Misusing Criminal Machinery”
Justice Rao stressed that the criminal process must not be allowed to become a tool of oppression or misuse, particularly in cases where the likelihood of conviction is minimal and the entire issue is already under civil adjudication. Relying on multiple Supreme Court judgments, including R. Nagender Yadav v. State of Telangana, (2023) 2 SCC 195, Usha Chakraborty v. State of West Bengal, (2023) 15 SCC 135, and Urmila Devi v. Balram, (2025 SCC OnLine SC 1574), the Court reiterated:
“Courts should quash criminal proceedings where the likelihood of conviction is minimal and where continuing prosecution would serve no meaningful purpose.”
The Court further quoted the principle from Madhavrao Jiwajirao Scindia v. Sambhajirao Angre, stating that:
“When a civil dispute is sought to be given a criminal colour with oblique motives, and there is no factual basis for initiating prosecution, criminal proceedings must be quashed in the interest of justice.”
It was also observed that Accused No. 3, Kareti Venkata Subba Reddy, had obtained an interim injunction as far back as 09.10.2015, which had remained in force, restraining the complainant from interfering with his possession of the disputed land. Despite this, the complainant had approached the police in 2020 without disclosing this fact. The Court strongly disapproved this concealment:
“The complainant failed to disclose the pending suit and injunction order, and such suppression of material facts amounts to abuse of the criminal process.”
“Filing a Complaint After Five Years of Civil Litigation Reflects Nothing But an Attempt to Pressurize the Opponent”
Another critical aspect noted by the Court was the timing of the complaint. The civil suit by Accused No. 3 had been filed in 2015, and the complainant had been actively defending it since 2016. Yet, the criminal complaint was lodged five years later, in 2020. The Court found that this sequence revealed an ulterior motive:
“The filing of the present complaint after a lapse of more than five years, suppressing several facts including pendency of the civil cases, is with an intention to settle disputes before civil courts using criminal process—this is not permitted under law.”
Holding that the FIR did not disclose ingredients necessary to constitute offences under Sections 447, 420, or 506 IPC, and that civil suits already addressed the questions of title, possession, and validity of documents, the High Court concluded that the continuation of criminal proceedings would only perpetuate harassment and serve no legal purpose. Accordingly, the Court quashed the FIR and all related proceedings:
“Continuation of the proceedings for the offences under Sections 447, 420 and 506 of the IPC against the petitioners is a clear abuse of process of the law and it is a fit case to invoke Section 482 of CrPC.”
The Court clarified that its observations were confined to the criminal proceedings alone, and would not affect the merits or outcome of the ongoing civil suits.
The decision reinforces the judicial principle that criminal law must not be misused to exert undue pressure in civil disputes, and that the inherent powers of the High Court under Section 482 CrPC are vital to prevent miscarriages of justice in such cases.
Date of Decision: 17 October 2025
