In a landmark ruling, the Allahabad High Court has quashed the criminal proceedings against Kamlesh Singh, who faced allegations of fraud and forgery in a property dispute in Mainpuri district. The case, numbered 4206 of 2023, was initiated by an FIR filed by Ishwar Singh, claiming that Kamlesh Singh had fraudulently executed a power of attorney and engaged in unauthorized property transactions.
Legal Issues Involved
The core legal issues centered around charges of cheating, forgery, and fraudulent property transactions under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code (IPC). Kamlesh Singh argued that the dispute was essentially civil and had already been resolved through a compromise in an earlier civil suit, which was subsequently withdrawn.
Court's Observations and Decision
The court thoroughly reviewed the evidence and arguments from both sides. It noted that the power of attorney in question was executed in 2008, and no objections were raised against it for nearly 15 years. Additionally, the court pointed out that Ishwar Singh had not challenged the compromise or the withdrawal of the previous civil suit until recently.
In its judgment, the court emphasized several key points:
1. Civil Nature of the Dispute: The court highlighted that the issue was fundamentally civil, as shown by the previous civil proceedings and the settlement between the parties. It referenced the Supreme Court's ruling in Paramjeet Batra v. State of Uttarakhand, which asserts that criminal proceedings should not be misused to resolve civil disputes.
2. Lack of Criminal Intent: The court found no initial evidence of dishonest or fraudulent intent by Kamlesh Singh. The allegations did not satisfy the necessary elements to constitute the offenses of cheating and forgery under the IPC.
3. Abuse of Process: The court expressed concern over the increasing trend of converting civil disputes into criminal cases to exert pressure for settlements. It reiterated that criminal proceedings should not be employed as a harassment tool.
Important Observations
The court made several critical observations in its judgment:
- "The investigation in this case appears to have been conducted very casually. An inquiry by a police officer revealed it was purely a civil dispute."
- "There is a growing tendency to convert purely civil disputes into criminal cases, which should be discouraged."
- "Criminal proceedings are not a shortcut for other legal remedies. Courts must exercise caution before issuing processes."
In conclusion, the Allahabad High Court quashed the charge sheet dated August 30, 2023, and the summoning order dated September 22, 2023, in Case No. 4206 of 2023, reinforcing the principle that criminal law should not be used to settle civil disputes.
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