PARMINDER KAUR versus STATE OF U.P.

PARMINDER KAUR versus STATE OF U.P.

Alleged alterations were not made dishonestly or for any gain; therefore, ingredients of forgery and allied offences were not satisfied. The prosecution was motivated by malice and vengeance; hence, proceedings amount to abuse of process to be quashed.

Parties
Appellant: Parminder Kaur; Respondent: State of U.P.; Complainant/respondent No.2: Hargursharan Singh
Jurisdiction
India
Judgment Date
26 October 2009
Procedural Posture
Criminal Appeal / Appeal From Order in Section 482 Cr PC Petition for Quashing Criminal Proceedings
Outcome
Appeal allowed. Prosecution quashed.
Legal Topics
Quashing of Criminal Proceedings, Malicious Prosecution, Forgery, Abuse of Process
Criminal Law Procedure Quashing of Criminal Proceedings Malicious Prosecution Forgery Abuse of Process

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Parties

Parminder Kaur

Appellant

State of U.P.

Respondent

Hargursharan Singh

Complainant/respondent No.2

Procedural Posture

Criminal Appeal / Appeal From Order in Section 482 Cr PC Petition for Quashing Criminal Proceedings

Legal Issues

  1. 1 Whether filing of false affidavit by altering dates amounted to offences under Sections 420, 467, 468, 471 IPC
  2. 2 Whether the prosecution amounts to an abuse of process of law and is liable to be quashed

Ratio Decidendi

Alleged alterations were not made dishonestly or for any gain; therefore, ingredients of forgery and allied offences were not satisfied. The prosecution was motivated by malice and vengeance; hence, proceedings amount to abuse of process to be quashed.

Court Disposition

Appeal allowed. Prosecution quashed.

Orders

  • Impugned judgment set aside.
  • Prosecution Case No.3045 of 2004 in the court of Chief Judicial Magistrate, Rampur quashed.