AIROnline 2025 SC 683

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): B. V. Nagarathna, K. V. Viswanathan , JJ

Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Civil dispute - Offences of cheating and forgery - Accused persons had allegedly entered into a conspiracy with other individuals to fabricate a forged Will after death of testator which was used to circumvent sale deed executed in favour of complainant - Criminal proceedings were instituted approximately seven years after mutation order was passed in favour of accused persons, four years after ex-parte ad-interim order was issued in favour of accused persons and three years after rejection of objections raised by complainant to mutation order - Complaint was filed as a circuitous tool to abuse process of law, especially after complainant had failed to pursue remedies available to him - None of the offences alleged against accused persons were made out - Case was filed to disguise a civil dispute as criminal - Complaint against accused persons was pending for over two decades and its continuation would not serve any purpose - Proceedings were quashed. Application U/S 482 No.6543/2003, Dt. 09.04.2019 (All)-ReversedAIR 2008 SC 251-Relied onAIR 1988 SC 709-Relied onAIR 1992 SC 604-Relied onAIR 1977 SC 1489-Relied on(Paras 8.38.58.69) (Para 8.3 8.5 8.6 9) ....