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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 & Anr

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

In Brief

A man purchased a plot through a registered sale deed in 1994. Fourteen years later, the seller's son filed a civil suit to cancel the deed, alleging fraud. Four years after that, he filed a criminal complaint accusing the buyer of theft and forgery. The Supreme Court quashed the criminal case, holding that allowing both civil and criminal proceedings on the same property dispute would constitute abuse of process. The Court noted the long delay (18 years) and emphasized that the civil court, not criminal proceedings, is the proper forum for resolving such factual disputes about fraudulent transactions.

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Criminal Procedure Abuse of Process Property Dispute Sale Deed Fraud and Forgery Parallel Proceedings

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