Criminal Procedure Code, 1973 – s. 482 – Whether High Court proceeded on false premise that the Suit Property did not vest in State of Madhya Pradesh – Consequently proceeded to quash the FIR against Respondents:
Held: The Trial Court categorically found that the Suit Property belonged to the State of Madhya Pradesh while dismissing the Civil Suit – This finding was upheld by the High Court – The facts of the case reveal that the High Court chose to exercise its jurisdiction under Section 482 of the CrPC on the erroneous assumption that the Suit Property did not vest in the State of Madhya Pradesh – Undoubtedly, the genesis of the present dispute emanates from civil proceedings qua the possession of the Suit Property, however, the dispute in its current avatar has certainly undergone a metamorphosis into a criminal dispute – Having considered the materials on record, it is clear that neither does the present case satisfy any of the parameters laid down by this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, warranting the exercise of jurisdiction under Section 482 of the CrPC vis-à-vis the quashing of an FIR; and nor can the allegation(s) levelled against the accused person(s) be classified as ‘purely civil in nature’ or merely ‘cloaked as a criminal offence’ – In view of aforesaid, the appeals succeed and are allowed – The Impugned Order passed by High Court is hereby set aside. [Para 6,9,11,12]
Criminal Procedure Code, 1973 – s. 482 – Whether Revenue proceedings confer rights, title, or interest in relation to property – Examined:
Held: Revenue records are not documents of title; and nor would any findings pursuant to revenue proceedings under the Madhya Pradesh Land Revenue Code, 1959 confer any rights, title or interest upon the Respondents in relation to the Suit Property – Title can only be determined by a civil court of competent jurisdiction. [Para 7]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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