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Supreme Court of India 2020-01-24 allowed

SARDAR ALI KHAN vs THE STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY HOME DEPARTMENT

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

A criminal appeal challenged the quashing of forgery and cheating proceedings against a property dispute involving a 1994 sale deed. The accused purchased the plot by registered deed, but the deceased owner's heir filed a civil suit for cancellation in 2008 and a criminal complaint in 2012. The Supreme Court allowed the appeal, quashing the criminal proceedings. The Court held that since the same transaction's validity was being adjudicated in pending civil suits, pursuing parallel criminal proceedings constituted abuse of process. The substantial delay in filing the criminal complaint and absence of forgery allegations in the civil suit further supported quashing. The civil courts remain free to decide the civil suits independently.",

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Criminal Procedure Abuse of Process Parallel Proceedings Property Disputes Quashing of Proceedings Forgery and Cheating Delay in Criminal Complaint

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