LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/urmila-devi-others-vs-balram-another-20250731/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Urmila Devi & Others vs Balram & Another

Court
Supreme Court of India
Date
31 July 2025
Case No.
Criminal Appeal No. 3300 of 2025
Result
Allowed
Bench
B.V. Nagarathna, K.V. Viswanathan
Citation
[2025] 7 S.C.R. 1956 : 2025 INSC 915
Acts & Sections
CrPC IPC Land Revenue Act, 1901
Supreme Court Reports [2025] 7 S.C.R. 1956 : 2025 INSC 915
Issue for consideration
Issue arose as regards correctness of the impugned order passed by the High Court dismissing the application filed by the appellants u/s.482 CrPC to quash the complaint u/ss.419, 420, 467, 468 and

471 IPC pending before the magistrate.
Headnote

Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.419, 420, 467, 468, 471 – Quashing of criminal complaint – Testator on account of the fear of his estate being jeopardized by the alcoholic obsessions of his third son, bequeathed his properties in favour of the appellants-daughters-in-law by executing unregistered Will – After death of testator, third son executed a registered sale deed for his share in testator’s property in favour of the complainant – Unaware of the same, the appellants filed for mutation on the basis of will, and favourable mutation order was passed – Appellants then filed for permanent injunction against the complainant and exparte interim order was passed – Complainant raised objections against the mutation order but the same were rejected – Subsequently, complainant filed an application u/s.156(3) CrPC alleging that one of the testator’s son entered into a conspiracy with the appellants and forged a fraudulent unregistered Will after the death of the testator to circumvent the said sale deed by the third son in favour of the complainant – Complaint proceedings initiated – Quashing application by the appellants – Dismissed by High Court – Correctness: Held: None of the offences alleged against the appellants made out – Neither any criminal breach of trust nor cheating by impersonation found – No cheating and dishonestly inducing delivery of property found – Writ large on the face of the record that the complaint case has been employed as a circuitous tool to abuse the process of law, especially after the complainant failed to pursue the remedies available to it – Chronology of events indicates that the criminal proceedings were instituted only after approximately seven years of the mutation order, four years after the ex-parte ad-interim order and three years after the rejection of the objections to the Mutation Order – Instant case seeks to disguise a civil dispute as criminal – Complaint case against the appellants has been pending for over two decades and its continuation would not serve any purpose – Impugned order of the High Court set-aside – Proceedings in complaint case quashed. [Paras 8.4-8.6, 9, 10]

Keywords: Quashing the complaint · Conspiracy · Forged will · Criminal breach of trust · Cheating by impersonation · Cheating and dishonestly inducing delivery of property · ex-parte ad-interim order · Mutation order · Abuse of process of law · Unregistered Will · Permanent injunction · Disguise civil dispute as criminal

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Nagarathna, J. Leave granted. 2. The present appeal arises out of impugned order dated 09.04.2019 passed in Application U/S 482 No.6543/2003 by the High Court of Allahabad dismissing the application preferred by the accusedappellants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”). 2.1 Vide the impugned Order, the High Court refused to quash the Criminal Complaint Case No.627 of 2002 titled, “Balram v. Kodai & Ors.” under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860 (“hereinafter, “IPC”) pending before the Court of the learne
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →