DEVENDRA &ORS. versus STATE OF U.P. & ANR.

DEVENDRA &ORS. versus STATE OF U.P. & ANR.

Execution of sale deed by co-sharers claiming greater share is a civil wrong, not a criminal offence; essential ingredients for cheating or forgery are absent as no deception or false document was made vis-à-vis complainant; criminal proceedings were liable to be quashed as High Court failed to differentiate civil and criminal wrongs; res judicata does not apply in criminal proceedings.

Parties
Appellant: Devendra & Ors.; Respondent: State of U.P. & Anr.
Jurisdiction
India
Judgment Date
06 May 2009
Procedural Posture
Criminal Appeal / Appeal From High Court Order on Quashing of Criminal Proceedings
Outcome
Appeal allowed; criminal proceedings quashed.
Legal Topics
Quashing of Criminal Proceedings, Cheating, Forgery, Res Judicata in Criminal Law, Concurrent Civil and Criminal Proceedings
Criminal Law Civil Procedure Quashing of Criminal Proceedings Cheating Forgery Res Judicata in Criminal Law Concurrent Civil and Criminal Proceedings

Case Brief

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Parties

Devendra & Ors.

Appellant

State of U.P. & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order on Quashing of Criminal Proceedings

Legal Issues

  1. 1 Whether a pure civil dispute can be subject matter of criminal proceedings under IPC sections 420, 467, 468, and 469
  2. 2 Applicability of res judicata in criminal proceedings
  3. 3 Concurrence of civil and criminal proceedings

Ratio Decidendi

Execution of sale deed by co-sharers claiming greater share is a civil wrong, not a criminal offence; essential ingredients for cheating or forgery are absent as no deception or false document was made vis-à-vis complainant; criminal proceedings were liable to be quashed as High Court failed to differentiate civil and criminal wrongs; res judicata does not apply in criminal proceedings.

Court Disposition

Appeal allowed; criminal proceedings quashed.

Orders

  • Criminal proceedings quashed; court requested to dispose pending civil suit expeditiously.