Case Note & Summary
The Supreme Court allowed the appeal filed by Mukeem Ahmad and another against the order of the Allahabad High Court which had refused to quash the FIR registered against them. The case arose from a complaint by Aash Mohamad, son of late Gulam Mohamad, alleging that Nusarat Jahan, widow of Gulam Mohamad, had sold property to the appellants which she was not entitled to sell as she had remarried after her husband's death. The appellants purchased the land for ₹14 lakhs via a registered sale deed dated 17.3.2017. They were unaware of any dispute regarding the vendor's title. The complainant filed a civil suit (Civil Suit No. 14/2017) on 27.3.2017, and later filed an application under Section 156(3) CrPC on 29.5.2018, leading to registration of FIR No. 341/2018 under Sections 420, 467, 468, 471 IPC. The appellants sought quashing of the FIR before the High Court under Section 482 CrPC, which was dismissed. The Supreme Court noted that the FIR contained no allegations of cheating against the appellants; the allegations were only against the vendor. The court observed that the dispute was essentially civil in nature, with a civil suit already pending. Continuing criminal proceedings would be an abuse of process. The court quashed the FIR and all subsequent proceedings against the appellants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Where the FIR contains no allegations of cheating against the purchasers and a civil suit is already pending, continuing criminal proceedings would be an abuse of process of court. The court held that the appellants, who purchased property from a widow after due consideration and without knowledge of any dispute, cannot be subjected to criminal trial when the allegations are only against the vendor. (Paras 1-6) B) Indian Penal Code - Cheating and Forgery - Sections 420, 467, 468, 471 IPC - No Prima Facie Case - The FIR alleged that the vendor sold property she was not entitled to sell, but there were no allegations that the purchasers were party to any cheating or forgery. The court held that the ingredients of the offences were not made out against the appellants. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the appellants should be quashed when the FIR contains no allegations of cheating against them and a civil suit regarding the same property is already pending.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and quashed FIR No. 341/2018 and all subsequent proceedings against the appellants.
Law Points
- Quashing of FIR under Section 482 CrPC
- Abuse of process of court
- Civil suit pending
- No prima facie case against purchasers
