Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Dispute of Civil Nature – Dispute which forms the genesis of the criminal proceedings initiated by Respondent No. 2 is entirely civil in nature i.e., whether the Appellants are in lawful possession of the Suit Property or, in essence, whether the RSD is valid – To that extent, the Appellants have already taken recourse to the appropriate civil remedy to establish their claim before the Civil Court – The grievance of Respondent No. 2 i.e., whether the RSD is forged and fabricated is an issue that will be considered by the Civil Court while making its determination – Respondent No. 2 registered the Subject FIR subsequent to the filing of the Civil Suit and the filing of FIR No.372/2022 by the Appellants – Appellants were bona-fide in their payment of rent before their alleged purchase of the Suit Property – Held that when the High Court was apprised of such a matter wherein the substance of the criminal complaint served only to cast doubt on the validity of a sale deed for the transfer of property, and the appropriate civil remedy was already being pursued, the High Court ought to have quashed the criminal proceedings – Impugned Order liable to be set-aside and the entire criminal proceedings arising out of the Subject FIR liable to be quashed and set aside. (Para 14, 15, 17 and 18)
SUPREME COURT OF INDIA
2024 STPL(Web) 213 SC
[2024 INSC 227]
Dr. Sonia Verma & Anr. Vs. State Of Haryana & Anr.
Criminal Appeal No(S). 1433 of 2024 [Arising out of SLP (Crl.) No(s). 10570 of 2023]-Decided on 07-03-2024
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