Full Judgment Text
1
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1380 OF 2023
(@ SPECIAL LEAVE PETITION (CRIMINAL) NO.11673/2019)
KUNTI AND ANR. ….APPELLANTS
V.
STATE OF UTTAR PRADESH AND ANR. …RESPONDENTS
J U D G M E N T
SANJAY KAROL, J.
Leave Granted.
1. The present appeal arising out of special leave petition is
directed against the judgement and order dated 18.10.2019
passed by the High Court of Judicature at Allahabad
(hereinafter referred to as “the High Court”) in Application u/s
482, Code of Criminal Procedure, 1908, (hereafter “CrPC) No.
Signature Not Verified
Digitally signed by
Deepak Singh
Date: 2023.05.04
18:08:28 IST
Reason:
32337 of 2013, filed by the Appellants praying for quashing
the order dated 22.11.2012 passed by the Chief Judicial
2
Magistrate, Bulandshahr, in Case No. 6695 of 2012 arising out
of Case Crime No. 421 of 2012 under Sections 406, 420, 467,
468, 417 and 418 of the Indian Penal Code, 1860. By the said
judgement, the Hon’ble High Court dismissed the Application
filed by the Appellant(s) and held that no grounds to interfere
are found.
2. Brief facts necessary for the judgement in this appeal are as
under:
3. The Appellant(s) in this case are Bhumidars of the agricultural
land being Khasra No. 561/1 measuring 0.0550 and 0.1140
hectares in village Akbarpur, Bulandshahr, Uttar Pradesh
(hereinafter referred to as the “property in dispute”). Allegedly,
an agreement to sell in respect of the property in dispute,
dated 11.07.2008 was executed by the Appellants in favour of
the Respondent No 2. (Mr Ajay Kumar Bansal) for a
consideration of Rs. 10,80,000/. As it appears from the
agreement, from the total amount, Rs. 6,30,000/ was
transferred in favour of the Appellant by Respondent No. 2 as
advance. The remaining amount of Rs. 4,50,000/ was agreed
to be paid at the time of the execution of the sale deed. This
3
agreement to sell was registered in the office of Deputy
Registrar, First, Office at Bulandshahr, in Bahi No. 1, Zild No.
3910, Page 1 20, Item No. 4083.
4. The execution of the sale deed was extended from 11.07.2008
to 31.12.2008, by mutual consent, however, on the said date,
despite Respondent No 2 herein being present, along with the
amount remaining to be paid, the appellant was absent, in
spite of having received information about the same.
5. It has been recorded in the Impugned order that, a notice was
sent by Respondent No 2 on 01.01.2009, for execution of the
agreement, after which, both parties met and an oral request
to the same effect was also made. On various dates
subsequent thereto, Respondent No 2 has extended the time in
favour of the Appellant(s) herein for executing the sale deed,
however, that was not done. Upon discovering that the
appellant herein planned to sell the property in dispute to
somebody other than the Appellant(s), the FIR, subject of the
quashing proceedings was lodged at Police Station Kotwali,
District Bulandshahr.
4
6. Vide the Impugned judgement dated 18.10.2019, the Ld.
Single Judge dismissed the application under Section 482,
CrPC, not accepting the argument on part of the Appellant,
that the present Respondent No. 2 had an alternative remedy
in the nature of a civil suit for the execution of the sale
agreement. Relying on, in V. Ravi Kumar v. State 2018 SCC
OnLine SC 2811 , the prayer for quashing has been refused.
7. It has been urged by way of this appeal arising out of SLP, that
the agreement to sell was void ab initio , in light of Sec. 157(A),
Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950,
whereby a person belonging to a Schedule Caste cannot
transfer property to any person not of a schedule caste without
prior permission of the concerned Collector or District
Magistrate. Further it has been urged, that the instant FIR has
been lodged four years after the slated date of the execution of
the sale deed. It is also submitted that the present agreement
to sell is forged and in respect thereof, a report to the Senior
Superintendent of the Police stands filed.
8. We notice that the agreement to sell had been duly registered
st
at the office Deputy Registrar, 1 , Office at Bulandshahr, and
5
the complaint filed by the appellant, purporting that the same
was forged, was filed on 11.05.2012, which is, incidentally, the
same as the date of the reply to the legal notice sent by
Respondent No 2 herein, dated 08.05.2012, and is also four
years from the date of the agreement.
9. However, we do not find the need to engage with the grounds
as urged, because a perusal of the record in no uncertain
terms reflects the dispute as being of a civil nature. This court
1
recently, in
Sarabjit Kaur v. State of Punjab and Anr. ,
observed that “A breach of contract does not give rise to
criminal prosecution for cheating unless fraudulent or
dishonest intention is shown right at the beginning of the
transaction. Merely on the allegation of failure to keep up
promise will not be enough to initiate criminal proceedings.”
10. A twojudge bench of this Court in
ARCI v. Nimra Cerglass
2
Technics (P) Ltd. , while deliberating upon the difference
between mere breach of contract and the offence of cheating,
observed that the distinction depends upon the intention of
the accused at the time of the alleged incident. If dishonest
1
2023 SCC OnLine 210
2 (2016) 1 SCC 348
6
intention on part of the accused can be established at the of
time of entering into the transaction with the complainant,
then criminal liability would be attached.
11. In Vijay Kumar Ghai v. State of W.B (2022) 7 SCC 124 , one
of us, (Krishna Murari J.,) observed in reference to earlier
decisions as under:
“24. This Court in G. Sagar Suri v. State of U.P. [ G. Sagar
Suri v. State of U.P. , (2000) 2 SCC 636 : 2000 SCC (Cri)
513] observed that it is the duty and obligation of the
criminal court to exercise a great deal of caution in issuing
the process, particularly when matters are essentially of
civil nature.
This Court has time and again cautioned about
25.
converting purely civil disputes into criminal cases. This
Court in Indian Oil Corpn. [ Indian Oil Corpn. v. NEPC India
Ltd. , (2006) 6 SCC 736 : (2006) 3 SCC (Cri) 188] noticed
the prevalent impression that civil law remedies are time
consuming and do not adequately protect the interests of
lenders/creditors. The Court further observed that :
( Indian Oil Corpn. Case [ Indian Oil Corpn. v. NEPC India
Ltd. , (2006) 6 SCC 736 : (2006) 3 SCC (Cri) 188] , SCC p.
749, para 13)
“ 13 . … Any effort to settle civil disputes and claims, which
do not involve any criminal offence, by applying pressure
through criminal prosecution should be deprecated and
discouraged.”
12. Having regard to the above wellestablished principles and also
noting that the present dispute is entirely with respect to
property and more particularly buying and selling thereof, it
7
| cannot be doubted that a criminal hue has been unjustifiably<br>lent to a civil natured issue. | |
|---|---|
| 13. In view of the above, the impugned judgment and order dated<br>18.10.2019 passed by the High Court of Judicature at<br>Allahabad, refusing to quash the FIR in question and the Case<br>No. 6695 of 2012 arising out of Case Crime No. 421 of 2012<br>under Sections 406, 420, 467, 468, 417 and 418 of the Indian<br>Penal Code, 1860, bearing number No. 32337 of 2013 is set<br>aside. The appeal is allowed. | |
| 14. It is however clarified that observations made herein shall have<br>no bearing on any remedies of civil nature that may be<br>available to Respondent No.2, within law. | |
| 15. Interlocutory Applications, if any, are disposed of. |
..........................................J.
(KRISHNA MURARI)
.........................................J.
(SANJAY KAROL)
rd
Dated : 3 May, 2023;
Place : New Delhi.
8