LAW FOR ALL

Sec.482 Cr.P.C.= When the very same issue is seized up before the civil court, the 2nd respondent cannot pursue criminal proceedings against the appellant for alleged offence under Sections 418, 419, 420, 467, 468 and 471 IPC and is liable to quashed. At the outset it is to be noted that the appellant has purchased the plot in question by sale deed dated 29th December,1993 which was registered on 5th January, 1994. The father of the 2nd respondent died on 3rd December, 1997. Though the registered sale deed is of 1994, the 2nd respondent filed suit which is pending in O.S. No.160 of 2008, only in the year 2008 seeking cancellation of sale deed alleging that the aforesaid sale deed was got executed by the appellant and his brother, by making use of the acquaintance with his father, in a false and fraudulent manner. There is no allegation of impersonation or forgery of signatures in the suit filed by the 2nd respondent. It is the case of the appellant that even the 2nd respondent is a signatory to the sale deed as a witness. Though the suit was filed in the year 2008, the 2nd respondent has chosen to file the criminal complaint only in the year 2012 alleging forgery and impersonation. With regard to the validity of the sale deed, matter is seized up before the competent civil court and it is for the civil court to decide whether any fraud is played or not by the appellant, on the late father of the 2nd respondent for obtaining the sale deed. When the very same issue is seized up before the civil court, the 2nd respondent cannot pursue criminal proceedings against the appellant for alleged offence under Sections 418, 419, 420, 467, 468 and 471 IPC. Although, it is contended by the learned counsel for the 2nd respondent that complaint filed is not barred by limitation but at the same time it appears, there is no reason for lodging private complaint in the year 2012. The sale deed on which basis the title and possession is claimed by the appellant was registered on 5th January, 1994, suit itself is filed nearly after 14 years. Even after filing of the suit on 24th August, 2008 there is further about 4 years’ delay in filing the criminal complaint against the appellant herein. Allowing the proceedings to go on against the appellant who is stated to be about 87 years, in the above set of facts, is nothing but abuse of the process. It is to be noted that there is no allegation of impersonation and forgery of the signatures in the suit filed by the 2nd respondent. In any event, when the suit filed by the 2nd respondent for cancellation of sale deed, is pending consideration before the competent court of law, the 2nd respondent cannot pursue his complaint in criminal proceedings by improving his case. Having regard to serious factual disputes which are of civil nature, for which civil suits are pending, allowing the 2 nd respondent to pursue his complaint in criminal proceedings is nothing but abuse of the process of law.