In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against Kamlesh Singh, who was accused of fraud and forgery related to a property dispute in Mainpuri district. The case, registered as Case No. 4206 of 2023, stemmed from a First Information Report (FIR) filed by Ishwar Singh, alleging that Kamlesh Singh had fraudulently executed a power of attorney and conducted property transactions without proper authorization.
Legal Issues Involved
The primary legal issues in this case revolved around the allegations of cheating, forgery, and fraudulent property transactions under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code (IPC). The applicant, Kamlesh Singh, contended that the dispute was essentially civil in nature and had already been settled through a compromise in a previous civil suit, which was withdrawn based on the settlement.
Court’s Observations and Decision
The court meticulously examined the material on record and the arguments presented by both parties. It noted that the power of attorney in question was executed in 2008, and no challenge was made against it for nearly 15 years. The court also observed that the complainant, Ishwar Singh, had not disputed the compromise or the withdrawal of the earlier civil suit until recently.
In its judgment, the court emphasized the following points:
1. Civil Nature of the Dispute: The court highlighted that the dispute was fundamentally civil, as evidenced by the previous civil proceedings and the compromise reached between the parties. It cited the Supreme Court’s ruling in Paramjeet Batra v. State of Uttarakhand, which states that criminal proceedings should not be used to settle civil disputes.
2. Lack of Criminal Intent: The court found no prima facie evidence of dishonest inducement or fraudulent intent on the part of Kamlesh Singh. It noted that the allegations did not meet the essential ingredients required to constitute the offences of cheating and forgery under the IPC.
3. Abuse of Process: The court expressed concern over the growing tendency to convert civil disputes into criminal cases to exert pressure for settlements. It reiterated that criminal proceedings should not be used as a tool for harassment.
Important Observations
The court made several important observations in its judgment:
– “The investigation in the present case appears to be conducted in a very casual manner, therefore, in this regard, reference of outcome of an inquiry conducted by a Police Officer becomes relevant that it was a purely civil dispute.”
– “There is a growing tendency to convert purely civil disputes into criminal cases, which should be deprecated and discouraged.”
– “Criminal proceedings are not a shortcut for other remedies available in law. Before the issuing process, a criminal court has to exercise a great deal of caution.”
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.
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Case Details
– Case Number: Application U/S 482 No. 14659 of 2024
– Applicant: Kamlesh Singh
– Opposite Party: State of U.P. and Ishwar Singh (Opposite Party No. 4)
– Bench: Justice Saurabh Shyam Shamshery
– Counsel for Applicant: Shreyas Srivastava, Manish Tiwari (Senior Advocate), Pranav Tiwari
– Counsel for Opposite Party: Ved Prakash Dwivedi, Surya Pratap Singh Parmar
