In a recent ruling that underscores the judiciary’s stance against the misuse of criminal proceedings in civil disputes, the Supreme Court of India imposed a Rs 50,000 fine on two police officials from Uttar Pradesh. The fine was levied due to the inappropriate filing of an FIR in a property dispute, which the court stated was in violation of numerous previous judgments.
The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, emphasized that criminalizing civil matters is wholly unacceptable. “Filing a criminal case for civil wrongs is unacceptable,” the bench stated, highlighting the ongoing issue of police overreach into areas typically governed by civil law.
The case involved Rikhab Birani and Sadhna Birani from Kanpur, who were unjustly subjected to criminal charges over a property sale disagreement with Shilpi Gupta. Gupta had partially paid for a property but failed to meet the agreed advance payment terms. After the Biranis sold the property to another party due to non-payment, Gupta unsuccessfully sought criminal charges against them through local courts, which deemed the issue civil in nature.
Despite two judicial rejections of Gupta’s requests for criminal prosecution, local police proceeded to lodge an FIR against the Biranis for cheating and criminal intimidation. This move prompted legal scrutiny and criticism, eventually reaching the Supreme Court after the Allahabad High Court directed the Biranis to face trial, refusing to quash the FIR.
Chief Justice Khanna pointed out that this is not an isolated incident and expressed concerns over the rule of law in Uttar Pradesh, remarking on the frequency of such misclassifications. The court also instructed the Director-General of State Police to submit an affidavit regarding the matter.
