Case Note & Summary
The High Court of Bombay, Circuit Bench at Kolhapur, heard a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of an order dated 27 June 2023 passed by the Judicial Magistrate First Class, Ichalkaranji, issuing process against the applicants for offences under Sections 120B, 420, 406, 417, 427, 465, 207, 149 read with Section 34 of the Indian Penal Code, 1860. The dispute arose among siblings over two gift deeds dated 5 March 2020 executed by their father, Bapu Ghatge, in favour of his daughters, the applicants, thereby excluding his son, respondent No. 2, from any share. The father was originally a respondent but had expired; proceedings abated against him. The complainant initially filed an application under Section 156(3) CrPC on 22 October 2021, which was dismissed on 25 November 2021. A criminal revision led to remand on 18 July 2022 with a direction to follow Chapter XV CrPC. The Magistrate then called for a police report and issued the impugned process order. Meanwhile, the complainant had already filed Regular Civil Suit No. 149 of 2021 on 28 April 2021 for declaration and injunction regarding the same gift deeds. The applicants contended that the gift deeds were registered and the father had consistently supported them, even filing an affidavit before the High Court. They argued that the Magistrate failed to apply his mind, that the executant father had not made any grievance, and that the issuance of process was an abuse of process. The State opposed the application, submitting that the order was proper and that pendency of a civil suit did not bar criminal proceedings. The Court observed that the impugned order revealed a lack of application of mind, particularly as the executant had not complained and the documents were registered. The locus of the complainant was questionable, and the criminal proceedings appeared to be an abuse. The provided text of the judgment ends before the final order, thus the outcome is not ascertainable from the excerpt.
Headnote
A) Criminal Procedure - Quashing of Criminal Proceedings - Abuse of Process - Code of Criminal Procedure, 1973, Section 482 - The applicants challenged the order issuing process under Sections 420, 406, 465, etc., IPC, on the ground that the Magistrate did not apply his mind to the fact that the gift deeds were registered and the executant father supported them. The Court noted that the impugned order showed no application of mind as to why proceedings were entertained when the owner had no grievance. Held that the process was prima facie issued without application of mind (Paras 14, 17). B) Evidence - Registered Documents - Presumption of Validity - No specific act/section, precedent in Prem Singh v. Birbal (2006) 5 SCC 353 - The Court relied on the judgment of Prem Singh to hold that registered documents carry a presumption that they are validly executed. In the present case, the gift deeds were registered and the father had not disputed them, thus there was no basis to allege forgery (Paras 8, 15-16). C) Criminal Procedure - Locus Standi - Third Party Complaint - Code of Criminal Procedure, 1973, Section 482 - The father, as executant and owner, had not made any grievance and had filed an affidavit supporting the applicants. The Court observed that the Magistrate failed to even consider the very locus of the complainant, who was a son not allotted any share, in filing a criminal complaint for forgery when the executant was alive and had not complained (Paras 7, 13-14, 17). D) Civil and Criminal Proceedings - Pendency of Civil Suit - Bar on Criminal Proceedings - Code of Criminal Procedure, 1973, Section 482 - The Court noted that a civil suit seeking declaration and injunction regarding the same gift deeds was filed before the criminal complaint. The pendency of the civil suit, along with the father's supportive stand, indicated that the criminal proceedings could be an abuse of process. The Court observed that the issue sought to be agitated was essentially civil in nature (Paras 3, 8, 14).
Issue of Consideration
Whether the order issuing process against the applicants for alleged forgery of gift deeds was liable to be quashed under Section 482 CrPC given that the gift deeds were registered, the executant father supported them, and a civil suit was pending.
Law Points
- registered documents carry presumption of valid execution
- criminal proceedings can be quashed for lack of application of mind
- pendency of civil suit does not bar criminal proceedings but may indicate abuse of process
- third-party complaint may lack locus when executant supports document
