Criminal prosecution was quashed where a bona fide land dispute was predominantly civil in nature.

The petitioner sought quashing of the order dated 8 May 2023 by which the Chief Judicial Magistrate, Saharsa, took cognizance under Sections 420, 467, 468, 469, 471 and 34 of the Indian Penal Code in relation to Simri Bakhtiyarpur P.S. Case No. 550 of 2022.

The informant alleged that the petitioner and other accused persons, in collusion with revenue officials, fraudulently purchased 3 bighas, 8 kathas and 6 dhurs of land through a forged sale deed dated 8 November 2014, despite the land having already been purchased in the name of the informant’s son.

It was further alleged that Jamabandi Nos. 2196 and 2200 were illegally created in the name of the petitioner’s mother for an area exceeding the land recorded in the original Jamabandi.

The petitioner contended that the dispute arose from competing sale transactions and that he was himself deceived by co-accused Md. Yunus.

The petitioner relied on pending civil proceedings, including Title Suit No. 208 of 2015 filed by him challenging the sale deed dated 2 July 2014. The informant’s sons had also instituted Title Suit No. 22A of 2015 seeking cancellation of the sale deed dated 8 November 2014.

Whether the criminal proceedings arising from the alleged execution of forged sale deeds and creation of disputed Jamabandis should be quashed where the dispute between the parties is predominantly civil in nature and related title suits are pending?

Whether continuation of the prosecution against the petitioner, alleged to be a bona fide purchaser, would amount to abuse of the process of the Court?

The Court applied the statutory offences under Sections 420, 467, 468, 469, 471 and 34 of the Indian Penal Code, as invoked in the criminal case.

Relying on Md. Ibrahim v. State of Bihar, (2009) 8 SCC 751, the Court recognised that execution of a sale deed by a person claiming title or ownership, even where that title is subsequently disputed, does not by itself constitute the offences alleged.

The Court also relied on Indian Oil Corporation v. NEPC India Ltd., (2006) 6 SCC 736, for the principle that continuation of criminal proceedings in predominantly civil disputes may amount to abuse of the process of law.

The Court found that both sides had instituted title suits concerning the validity of the competing sale deeds and ownership of the land, demonstrating that the core controversy was one of title and civil rights.

Although allegations of forgery and cheating had been made, the material circumstances indicated that the petitioner claimed to have purchased the property on the basis of an asserted title and was treated by the Court as a bona fide purchaser.

Applying Md. Ibrahim and Indian Oil Corporation, the Court held that a bona fide execution or acceptance of a sale transaction in a disputed title situation could not, without more, sustain criminal prosecution merely because the title was challenged in civil proceedings.

Continuing the criminal case alongside the pending title suits would therefore give a civil dispute a criminal complexion and constitute an abuse of the process of the Court.

Accordingly, the order dated 8 May 2023 taking cognizance in Simri Bakhtiyarpur P.S. Case No. 550 of 2022 was quashed, and the criminal miscellaneous application was allowed.