THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.10165 OF 2017
ORDER:
1. This Criminal Petition is filed by the petitioner/Accused to quash the proceedings in C.C.No.1489 of 2017 on the file of Additional Judicial Magistrate of First Class, Karimnagar.
2. The case of the 2nd respondent is that he has purchased land by way of sale agreement from one P.Mallaiah and Chedraiah/Ramulu in Sy.No.1377, 283/B, 1472/B and 1472, Lambadipally village of Chigurumamidi Mandal. As the said two vendors were not coming forward to register the property in his favour, he approached the petitioner for settlement of the issue with the said two vendors. Petitioner has obtained signatures on Rs.100/- stamp paper for the purpose of settling the dispute and later in relation to the property in Sy.No.282/B, 283/A and 283/B Plot No.7, situated at Theegalaguntapally village, Karimnagar Mandal to an extent of 250 sq.yds, got prepared a sale agreement and filed OS No.89 of 2015 on the file of Senior Civil Judge, Karimnagar for specific performance and has also obtained interim injunction in IA No.289 of 2015 on 1.9.2015. Aggrieved by the alleged acts of cheating and forgery, criminal complaint was filed.
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3. On the basis of the said complaint, police registered case for the offences of cheating and fabrication of document.
4. According to the learned counsel for the petitioner the said alleged fabricated document is to be adjudicated by the Civil Court in O.S.No.89 of 2015. In the said circumstances, the question of proceeding with the criminal case does not arise.
5. On the other hand, it was argued on behalf of the respondent that since the document was fabricated, the ingredients of Sections 468 and 420 of IPC for forgery and using the forged document as genuine are made out. In the said circumstances, the question of quashing the proceedings does not arise. It is for the trial Court to decide after giving an opportunity to both parties and adducing evidence, to conclude whether an offence is made out or not.
6. Admittedly, the present criminal complaint was filed more than a year after the petitioner filed civil suit O.S.No.89 of 2015 on the file of Senior Civil Judge, Karimnagar. It appears that the criminal case was filed to settle civil disputes. The document was not sent to an expert to ascertain fabrication. Signature on the document is admitted, however the 2nd respondent claims that the signatures were obtained fraudulently, which is an afterthought. The said document is core issue that has to be decided by the civil Court.
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7. The Hon'ble Supreme Court in Usha Chakraborty v. State of West Bengal 1 held that when the issue involved which is of civil nature and the respondent having approached the jurisdictional civil court by instituting a civil suit and it is pending, permitting criminal proceedings against the petitioner/accused cannot be permitted as the same is abuse of process of Court.
8. Placing reliance on the judgment of the Hon'ble Supreme Court in Usha Chakraborty's case (supra), since the facts in the above case and in the present case are similar, this Court deems it appropriate to quash the proceedings against the petitioner herein.
9. In the result, the proceedings against petitioner/accused in C.C.No.1489 of 2017 on the file of Additional Judicial Magistrate of First Class, Karimnagar, are hereby quashed.
10. Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 08.11.2023 kvs 1 2023 SCC OnLine SC 90