Case Note & Summary
The dispute arose between co-sharers regarding the validity of a Will executed by Tika Ram Tyagi in favor of his daughter Suman Devi. The appellants, including Hira Lal, contended that the Will was genuine, while the complainant, respondent No.3, alleged it was forged. A civil suit was filed by the complainant seeking cancellation of the Will, which was dismissed, and an appeal was pending. The complainant subsequently filed a criminal complaint alleging forgery, which was dismissed by the ACJM for lack of evidence. A revision application against this dismissal was also rejected. The complainant then filed a second complaint, which the High Court dismissed, stating that the allegations did not disclose a cognizable offence. The appellants argued that the second complaint was not maintainable and that the High Court erred in its judgment. The Supreme Court analyzed the parameters for quashing a complaint under Section 482 of the Code of Criminal Procedure, emphasizing that a second complaint could only be filed under exceptional circumstances. The Court found that the second complaint reiterated the same allegations as the first and did not present new facts. Consequently, the Supreme Court set aside the High Court's judgment, allowing the appeal and ruling that the second complaint was not maintainable.
Headnote
A) Criminal Procedure - Quashing of FIR - Maintainability of Second Complaint - Code of Criminal Procedure, 1973, Section 482 - The court held that the second complaint did not disclose any exceptional circumstances or fresh facts to warrant its filing, reiterating the same allegations as the first complaint. The High Court's dismissal of the second complaint was upheld, emphasizing that the matter should be resolved in civil proceedings (Paras 14-16).
Issue of Consideration
Whether the second complaint petition was maintainable and whether the allegations disclosed a cognizable offence.
Final Decision
The Supreme Court set aside the High Court's judgment, allowing the appeal and ruling that the second complaint was not maintainable.
Law Points
- Quashing of FIR
- Second complaint
- Forged Will
- Civil dispute
- Criminal jurisdiction
