Case Note & Summary
The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) for offences including impersonation, forgery, and criminal conspiracy. The dispute involved allegations of fraudulent sale deeds executed through impersonators for high-value lands. The Court found that the matter was essentially civil, with identical issues pending in civil suits O.S. No. 859/2025, O.S. No. 2146/2023, and O.S. No. 1137/2024. The complaint was lodged by a power of attorney holder, which the Court deemed impermissible. Citing the civil nature of the dispute the criminal proceedings should not be discarded the Court declined to quash the FIR, dismissing the criminal petition.
Headnote
Criminal Law-- BNSS, 2023-- Section 528 -- Bharatiya Nyay Sanhita, (BNS), 2023-- Sections 3(5), 335, 335(A)(iii), 337, 339, 340, 341, 323, 324, 329, 126, 351(1), 351(2), 351(4), 240, 242, 246, 314, 318, 319, 322 and 308 -- Application for quashing of complaint-- Petitioner was an original accused no.8-- Petitioner asserted that he purcahsed the land as purchaser-- Fabrication of document-- Impersonation-- Forgery and criminal conspiracy-- Large scale of misappropriation of valuable immovable property-- Complaint culminated into criminal case-- Challenged-- Prayer for quashing of complaint and proceedings-- Sets of accused-- Fraund running into Rs 15 crores-- Pivotal role of the petitioner as to bringing impersonation-- Fraudulently compensation received by impersonation in acquisition proceedings-- Plea of civil nature of dispute raised by the petitioner-- Pendency of civil suits-- Each sets of accused played a role in offence merely because a given fact would project the matter being purely civil nature, the criminal case must not be obliterated-- Cases referred-- Mere availability of a civil remedy does not by itself eclipse the jurisdiction of criminal law, where the allegations on their face disclose essential ingredients of a recognizible offence-- Parcels of lands were mutated in the name of complainant-- No interference-- Petition dismissed Para-- 8, 9, 10.1, 11, 12
Issue of Consideration
Whether the criminal proceedings initiated based on a complaint by a power of attorney holder for offences under Bharatiya Nyaya Sanhita, 2023 (BNS) should be quashed when the dispute is essentially civil in nature and identical issues are pending in civil suits
Final Decision
The Court allowed the criminal petition, quashed FIR No. 446/2025 registered under Bharatiya Nyaya Sanhita, 2023 (BNS), and set aside all proceedings, holding the dispute was civil and the complaint by a power of attorney holder was impermissible
Law Points
- Criminal proceedings cannot be used to settle purely civil disputes
- Power of attorney holder cannot lodge a criminal complaint for offences involving impersonation and forgery
- Civil and criminal cases can proceed simultaneously only in exceptional circumstances
- Burden of proof lies on prosecution to establish guilt beyond reasonable doubt
- Quashing of FIR under Section 528 of Bharatiya Nagarik Suraksha Sanhita
- 2023 (BNSS) is permissible when allegations do not disclose cognizable offences
