Case Note & Summary
The appellants filed an application under Section 482 Cr.P.C. seeking quashing of Complaint Case No. 2705/2003 filed by the respondent no.2 under Sections 420, 467, 468, 471 IPC. The complaint alleged that an agreement dated 30.03.1988 produced by the appellants in a civil suit was forged. The High Court dismissed the application without discussing facts or reasons. The Supreme Court noted that the civil suit (Original Suit No. 12/1996) was decided on 13.05.2015 holding the signature on the agreement as forged. However, the appellants' appeal (Civil Appeal No. 17/2015) was allowed, setting aside the finding and holding that the agreement was not forged. The Supreme Court held that with the conclusive opinion of the appellate civil court that the document was genuine, the very substratum of the criminal complaint vanished. Allowing prosecution would be a complete abuse of process. The Court quashed the complaint proceedings and allowed the appeal.
Headnote
A) Criminal Procedure Code - Quashing of Criminal Proceedings - Section 482 Cr.P.C. - Abuse of Process - Where the substratum of a criminal complaint alleging forgery vanishes due to a conclusive finding by the civil appellate court that the document is genuine, continuation of prosecution amounts to abuse of process of law and proceedings are liable to be quashed (Paras 8).
Issue of Consideration
Whether criminal proceedings under Sections 420, 467, 468, 471 IPC should be quashed when the civil appellate court has conclusively held that the alleged forged document is genuine.
Final Decision
The Supreme Court allowed the appeal, quashed the proceedings in Complaint Case No. 2705/2003, and held that continuation of prosecution would be an abuse of process of law.
Law Points
- Criminal proceedings can be quashed if substratum of complaint vanishes due to civil court's conclusive finding on document genuineness
- Abuse of process of law
- Section 482 Cr.P.C. quashing principles
Case Details
Criminal Appeal No. 249 of 2020 (arising out of SLP (Criminal) No. 5261 of 2019)
Navin Sinha, Krishna Murari
State of U.P. and Another
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Nature of Litigation
Criminal appeal against High Court order dismissing application under Section 482 Cr.P.C. to quash complaint case for offences under Sections 420, 467, 468, 471 IPC.
Remedy Sought
Appellants sought quashing of Complaint Case No. 2705/2003.
Filing Reason
Complaint alleged that an agreement dated 30.03.1988 produced by appellants in a civil suit was forged.
Previous Decisions
High Court dismissed the Section 482 application without discussing facts; civil suit originally held document forged but appellate civil court reversed that finding.
Issues
Whether criminal proceedings should be quashed when civil appellate court has conclusively held the document to be genuine.
Submissions/Arguments
Appellants argued that the substratum of the criminal complaint vanished after the civil appellate court held the document was not forged.
Ratio Decidendi
When a civil appellate court conclusively holds that a document alleged to be forged is genuine, the substratum of a criminal complaint based on forgery vanishes, and continuation of prosecution amounts to abuse of process of law warranting quashing under Section 482 Cr.P.C.
Judgment Excerpts
In view of the conclusive opinion of the appellate court that the agreement dated 30.03.1988 was not a forged document, the very substratum of the criminal complaint vanishes.
In the circumstances to allow the appellants to be prosecuted will only be a complete abuse of the process of law.
Procedural History
Original Suit No. 12/1996 filed by respondent; complaint case No. 2705/2003 filed during pendency of suit; civil suit decided on 13.05.2015 holding document forged; Civil Appeal No. 17/2015 allowed setting aside that finding; appellants filed Section 482 application dismissed by High Court on 21.05.2019; present appeal to Supreme Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Indian Penal Code, 1860 (IPC): 420, 467, 468, 471
