Urmila Devi VS Balram
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)
