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Issue regarding fraud in a sale deed when seized in a civil court, the very same issue cannot contin

SARDAR ALI KHAN  v.  THE STATE OF UTTAR PRADESH, CRIMINAL APPEAL NO.161 OF 2020, (Arising out of S.L.P.(Crl.)No.3627 of 2018) – January 24, 2020.

 CORAM: Two judge bench comprising of Justice MOHAN M. SHANTANAGOUDAR and R. SUBHASH REDDY

The facts of the case states that a plot owned by the father of the respondent-2 was purchased by a sale deed by the appellant. Respondent- 2 filed original suit before the Judicial in Farrukhabad district. With regard to the same plot, the appellant also filed suit for permanent injunction restraining respondent- 2 from demolishing his construction. The ADJ allowed for the injunction filed by the appellant and dismissed the application of respondent-2. Respondent2 filed Civil Miscellaneous Writ Petition before the HC. A complaint was filed against respondent-2 alleging that he had stolen the original sale deed. Against this a complaint was registered against the appellant for offences under IPC. Subsequently he filed application u/s 482 CrPC for quashing the above proceedings which the HC rejected. This appeal is now presented before this court.

After listening to the arguments of the parties the court observed that there was no impersonation of signature in the suit of respondent 2. Also respondent 2 filed the criminal complaint only in a later stage.

The court viewed that when the issue is seized before the civil court it cannot be continued in criminal court. There is no allegation of impersonation and forgery of signature in the suit of respondent-2. When the suit for cancellation of sale deed is pending before competent court, a second suit for criminal proceedings cannot be filed.

Thus the court decided to quash the criminal appeal and set aside the judgment of the HC. The application of the appellant u/s 482 CrPC is allowed and order passed by the magistrate court was quashed. However this court allowed the civil court to decide the issues pending according to its own merit.

–  PRIYADHARSHINI R

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