URMILA DEVI & OTHERS versus BALRAM & ANOTHER

URMILA DEVI & OTHERS versus BALRAM & ANOTHER

None of the offences alleged against the appellants under Sections 419, 420, 467, 468 and 471 IPC were made out on the material; the criminal complaint was employed to abuse the process of law and to disguise a civil dispute as criminal, and therefore the proceedings in Complaint Case No.627 of 2002 were to be quashed in the interest of justice.

Parties
Appellants: Urmila Devi & Others; Respondents: Balram & Another
Jurisdiction
India
Judgment Date
31 July 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dismissing Section 482 Cr PC Application
Outcome
Appeal allowed; impugned High Court order set aside; complaint proceedings quashed.
Legal Topics
Quashing of Criminal Complaint, Forgery of Will, Conspiracy, Mutation Order, Abuse of Process of Law, Disguising Civil Dispute as Criminal, Cheating, Criminal Breach of Trust
Criminal Procedure Criminal Law Property Law Quashing of Criminal Complaint Forgery of Will Conspiracy Mutation Order Abuse of Process of Law +3 more

Case Brief

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Parties

Urmila Devi & Others

Appellants

Balram & Another

Respondents

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dismissing Section 482 Cr PC Application

Legal Issues

  1. 1 Whether the allegations under Sections 419, 420, 467, 468 and 471 IPC against the appellants made out prima facie
  2. 2 Whether the criminal proceedings constitute an abuse of the process of law and are a cloak for a civil dispute
  3. 3 Whether the High Court erred in refusing to quash the complaint under Section 482 CrPC

Ratio Decidendi

None of the offences alleged against the appellants under Sections 419, 420, 467, 468 and 471 IPC were made out on the material; the criminal complaint was employed to abuse the process of law and to disguise a civil dispute as criminal, and therefore the proceedings in Complaint Case No.627 of 2002 were to be quashed in the interest of justice.

Court Disposition

Appeal allowed; impugned High Court order set aside; complaint proceedings quashed.

Orders

  • Impugned order dated 09.04.2019 of the High Court set aside
  • Proceedings in Complaint Case No.627 of 2002 pending before the Chief Judicial Magistrate, Basti stand quashed