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Supreme Court of India
Kaptan Singh vs The State Of Uttar Pradesh on 13 August, 2021Author: Hon’Ble Dr. Chandrachud
Bench: Hon’Ble Dr. Chandrachud, M.R. Shah
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 787 OF 2021
Kaptan Singh …Appellant
Versus
The State of Uttar Pradesh and others …Respondents
JUDGMENT
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 29.07.2020 passed by the High Court of Judicature at
Allahabad in Application under Section 482 No. 1697 of 2016, by which
the High Court in exercise of powers under Section 482 Cr.P.C. has
Signature Not Verified
Digitally signed by
quashed the entire proceedings of Criminal Case No. 3302 of 2015
Chetan Kumar
Date: 2021.08.13
18:52:45 IST
Reason:
under Sections 147, 148, 149, 406, 329 and 386 IPC, P.S. Barra, District
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Kanpur Nagar, pending in the Court of I-Additional Chief Metropolitan
Magistrate, Kanpur Nagar, the original complainant has preferred the
present appeal.
2. That the appellant herein filed a complaint before the learned
Magisterial Court under Section 156(3) Cr.P.C. against the private
respondents for the offences under Sections 147, 148, 149, 406, 329
and 386 IPC; that the learned Additional Chief Metropolitan Magistrate,
Kanpur Nagar, by order dated 07.09.2015, after perusal of the facts
mentioned in the application/complaint and documents and having found
a prima facie case of cognizable offence and having observed that the
police is required to investigate the same, allowed the said application
under Section 156(3) Cr.P.C. and directed the concerned Station House
Officer to register the first information report and investigate it in
accordance with law.
2.1 That thereafter the concerned SHO registered the FIR as Case
Crime No. 0645 of 2015 against the private respondents herein for the
offences under Sections 147, 148, 149, 406, 329 and 386 IPC. As per
the allegations in the FIR, one Munni Devi was the owner of Plot No.
1342, W Block 2 Yojna Juhi Kala, Damodar Nagar, admeasuring 387
sq.ft.; that she appointed the complainant – Kaptan Singh as her power
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of attorney holder to take care of the said plot; that Munni Devi wanted to
sell the said plot; that she entered into a registered agreement to sell
with one Mamta Gupta – respondent no. 3 herein on 27.10.2010 for a
total sale consideration of Rs.25,00,000/-; that at the time of agreement,
the purchaser – Mamta Gupta handed over five cheques of Rs. 2 lakh
each, drawn on ICICI Bank, Branch Govind Nagar, Kanpur; that Munni
Devi presented one of the cheques no. 502314 dated 15.11.2010 in her
bank and the said cheque was dishonoured “due to insufficient funds”;
that when the cheque returned unpaid, Munni Devi contacted Mamta
Gupta and then she informed her that her husband is suffering from
kidney failure and facing financial problem and therefore she would not
be able to purchase the said plot, however she is arranging money; that
thereafter Mamta Gupta showed no interest for registration of sale deed
and she informed Munni Devi not to present the cheques; that thereafter
Munni Devi served a legal notice dated 02.01.2015 and 18.05.2015
through registered post; that after receiving notice dated 18.05.2015,
Mamta Gupta showed no positive response, then Munni Devi appointed
the complainant as a power of attorney holder on 05.08.2015.
2.2 It was alleged that thereafter when the complainant along with his
friend Ram Pratap Singh went to the plot on 20.08.2015, at that time
Mamta Gupta and her husband were present there along with three
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other persons outside the tin shed. The complainant told them that they
have not paid the full consideration amount and had forcibly put lock on
the room and requested them to open the said lock. At that time, Mamta
Gupta and her husband told them that they had paid Rs. 2 lakhs and
they will not open the lock till the time they will get Rs. 10 lakhs. It was
alleged that all the persons abused the complainant by using filthy
language relating to his mother and sister and pushed the complainant
due to which he fell down and thereafter he was beaten with fist and
Mamta Gupta, who was carrying knife like weapon, kept the edged part
of it on his chest and gave a blank paper and threatened him to sign it, if
not, then he will be killed and the complainant signed it. The
complainant also produced the medical report. That thereafter after the
completion of the investigation and after recording of the statement of
the witnesses, statement of the complainant and after collecting the
evidence from the place of incident and taking statement of independent
witnesses and even the statement of the accused persons, after due
enquiry and having satisfied that a prima facie case is made out against
the accused for the offences under Sections 147, 148, 149, 406, 329
and 386 IPC, the investigating officer filed chargesheet no. 320/2015
dated 26.11.2015 against the private respondents herein for the
aforesaid offences.
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2.3 That thereafter the private respondents herein approached the
High Court for quashing criminal proceedings under Section 482 Cr.P.C.
It was the case on behalf of all the accused – private respondents herein
in the 482 petition that dispute is of a civil nature; that Munni Devi
entered into a registered agreement to sell on 27.10.2010 with Mamta
Gupta as vendee; that Munni Devi undertook to get the land free hold
done on the aforesaid plot and thereafter to execute the sale deed in
favour of Mamta Gupta; that part payment was made immediately by
cheque and cash both and the remaining amount of Rs. 10 lakhs were to
be paid at the time of execution of the sale deed; that on the same date
a joint notarized affidavit of Mamta Gupta and Munni Devi was also
executed demonstrating the payment of Rs. 25 lakhs by Mamta Gupta
and the transfer of possession to Mamta Gupta; that after obtaining
possession Mamta Gupta constructed a two-room set on the said plot. It
was also the case on behalf of the accused that thereafter Munni Devi
did not get the free hold executed and since the husband of Mamta
Gupta was suffering from a renal failure and was undergoing dialysis,
she could not initiate legal proceedings for specific performance; that
thereafter Munni Devi filed a suit in the Court of Civil Judge (Senior
Division), Kanpur Nagar. It was also the case on behalf of the private
respondents – accused that as Munni Devi did not get any relief from the
court below, she got in touch with a land mafia – the original complainant
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– the appellant herein and he was the power of attorney holder of Munni
Devi and that when he visited the plot on 20.08.2015 he was thrown out
and was assaulted. That thereafter Mamta Gupta filed a suit for
permanent injunction being O.S. No. 2077 of 2015 in the Court of Civil
Judge (Senior Division), Kanpur Nagar wherein temporary injunction had
been granted in favour of Mamta Gupta and the said order is still in
operation. Therefore, it was submitted that the dispute is purely of a civil
nature and criminal proceedings have been lodged only with a view to
pressurize Mamta Gupta to handover the plot to the complainant even
though Mamta Gupta has paid a sum of Rs.25 lakhs to the owner of the
plot in question. Therefore, it was prayed to quash the entire FIR.
3. That the 482 petition was opposed by the original complainant. A
detailed affidavit/counter affidavit was filed on behalf of the original
complainant. It was specifically the case on behalf of the complainant
that the documents alleged to have been executed by Munni Devi in
favour of Mamta Gupta on 27.10.2010/subsequent notarized document
dated 27.10.2010 are fabricated in which it is stated that Rs. 25 lakhs
have been paid and that the possession has been handed over to
Mamta Gupta. It was also pointed out that for the aforesaid another first
information report has been registered against them on 04.12.2015,
registered as Case Crime No. 816 of 2015 under Sections 420, 467,
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468, 471 IPC at Police Station Barra, District Kanpur Nagar and the
investigation is still going on. It was also submitted that the electricity
connection was obtained by Mamta Gupta in a fraudulent manner and
subsequently the said electricity connection has been permanently
disconnected by Electricity Department, Kanpur Nagar on 18.08.2015
and no electric connection exists in the premises in question till today. It
was also submitted that after the completion of the investigation and
after collecting the credible evidence against the accused, the
investigating officer has submitted a chargesheet and the learned
Magistrate after applying its mind judiciously has taken cognizance
against the accused. Therefore, it was prayed to dismiss 482
application.
4. By the impugned judgment and order, the High Court has allowed
the said application and has quashed the entire criminal proceedings
mainly on the grounds that the original complainant – Kaptan Singh for
all practical purposes is ranked outsider and stranger to the deal and
therefore the criminal proceedings initiated at his behest cannot
continue; that no power of attorney executed by Munni Devi in his favour
has been filed with the counter affidavit and on the ground that the
dispute is of a civil nature and civil suits are pending between the parties
and veracity and genuineness of the notarized affidavit signed by Munni
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Devi and Mamta Gupta can be considered in the civil proceedings and
there was no entrustment of property and therefore no case is made out
for the offence under Section 406 of the IPC. That having observed that
there is no case against the accused under Section 406 IPC, the High
Court has further observed that rest of the allegations are tangent to the
main allegation without any corroborating evidence.
5. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court, quashing the entire criminal
proceedings in exercise of its inherent powers under Section 482
Cr.P.C., the original complainant has preferred the present appeal.
6. Shri Santosh Kumar Pandey, learned Counsel appearing on behalf
of the appellant has vehemently submitted that in the facts and
circumstances of the case the High Court has committed a grave error in
quashing the criminal proceedings in exercise of powers under Section
482 Cr.P.C. It is further submitted that the High Court ought to have
appreciated and considered the fact that after the FIR was lodged, the
same came to be investigated by the Investigating Officer and after
thorough investigation and recording the statement of the witnesses and
after collecting the evidence and even after recording the statements of
the independent witnesses and statement of the accused persons and
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after holding inquiry the Investigating Officer filed the charge-sheet
against the accused persons and even thereafter the Learned
Magistrate also took the cognizance. It is submitted that the aforesaid
aspect has not been considered at all by the High Court while quashing
the criminal proceedings in exercise of powers under Section 482
Cr.P.C.
6.1 It is further submitted that the High Court has failed to appreciate
and consider that there are contentious issues which can be considered
only at the time of trial.
6.2 It is further submitted that the High Court has entered into the
merits of the allegations at the stage of quashing proceedings under
Section 482 Cr.P.C. It is submitted that as held by this Court in catena of
decisions while exercising the powers under Section 482 Cr.P.C., the
High Court is not required to enter into and/or consider the merits of the
allegations in detail, which as such are required to be considered at the
time of trial. Heavy reliance is placed on the decisions of this Court in
Dineshbhai Chandubhai Patel vs. State of Gujarat, (2018) 3 SCC
104; Dhruvaram Murlidhar Sonar vs. State of Maharashtra, (2019) 18
SCC 191; CBI vs. Arvind Khanna, (2019) 10 SCC 686; Telangana vs.
Managipet, (2019) 19 SCC 87; XYZ vs. State of Gujarat, (2019) 10
SCC 337.
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6.3 It is submitted that as held by this Court in the case of XYZ
(Supra) when there are serious triable allegations in complaint it is
improper to quash the FIR in exercise of inherent powers of High Court
under Section 482 Cr.P.C.
6.4 It is further submitted that the High Court has failed to appreciate
and consider that the civil proceedings were initiated initially by Munni
Devi and thereafter the accused no.2 filed the suit only for permanent
injunction and no suit for specific performance has been filed. It is
submitted that as such there are very serious allegations of forgery of
the joint notarized document dated 27.10.2010 by which the accused
have alleged to have given Rs.25 lakhs to Munni Devi. It is submitted
that the High Court has failed to appreciate and consider the fact that in
the present case there are two documents of the very date i.e.
27.10.2010, one is registered one in which the sale consideration is
stated to be Rs.25 lakhs and in another document of same date dated
27.10.2010, the sale consideration is stated to be Rs.35 lakhs and it is
stated that Rs.25 lakhs have been paid to Munni Devi. It is submitted
that the payment of Rs.25 lakhs and even the existence of joint
notarized agreement dated 27.10.2010 is to be considered at the time of
trial. It is submitted that therefore, when there are serious triable issues,
the High Court is not justified in quashing the criminal proceedings.
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7. Shri Ankit Goel, learned Counsel appearing on behalf of State of
Uttar Pradesh has supported the appellant – original complainant.
8. Shri Amit Kumar Singh, learned Counsel appearing on behalf of
the private respondents while opposing the present appeal has
vehemently submitted that in the facts and circumstances of the case the
High Court has not committed any error in quashing the criminal
proceedings.
8.1 It is submitted that as rightly observed by the High Court, the case
squarely falls within the exceptions as observed and held by this Court in
the case of State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335.
8.2 It is submitted that in the present case there was no entrustment of
any property and therefore, there is no question of any offence being
committed under Section 406 IPC. It is submitted that therefore when
the ingredients for the offence under Section 406 IPC are not satisfied
and as rightly observed by the High Court the genuineness of the
documents dated 27.10.2010 are to be considered in the civil
proceedings and which are not required to be considered in the criminal
proceedings, the High Court is absolutely justified in quashing the
criminal proceedings. It is submitted that as such the civil dispute is tried
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to be converted into criminal dispute which can be said to be nothing but
an abuse of process of law.
8.3 It is further submitted by learned Counsel appearing on behalf of
private respondents that even in the present case medical certificate
which is now produced before this Court, was not produced before the
High Court. It is submitted therefore in absence of any medical report
produced before the High Court and even otherwise the injuries
mentioned in the medical report are simple in nature, no case is made
out for the other offences and therefore the High Court has rightly
quashed the criminal proceedings.
8.4 It is further submitted that as observed by the High Court even the
original complainant has no locus to file the complaint as no power of
attorney alleged to have been executed by Munni Devi was placed on
record.
8.5 Making the above submissions, it is prayed to dismiss the appeal.
9 Heard learned Counsel for the respective parties at length.
9.1 At the outset, it is required to be noted that in the present case the
High Court in exercise of powers under Section 482 Cr.P.C. has quashed
the criminal proceedings for the offences under Sections 147, 148, 149,
406, 329 and 386 of IPC. It is required to be noted that when the High
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Court in exercise of powers under Section 482 Cr.P.C. quashed the
criminal proceedings, by the time the Investigating Officer after recording
the statement of the witnesses, statement of the complainant and
collecting the evidence from the incident place and after taking
statement of the independent witnesses and even statement of the
accused persons, has filed the charge-sheet before the Learned
Magistrate for the offences under Sections 147, 148, 149, 406, 329 and
386 of IPC and even the learned Magistrate also took the cognizance.
From the impugned judgment and order passed by the High Court, it
does not appear that the High Court took into consideration the material
collected during the investigation/inquiry and even the statements
recorded. If the petition under Section 482 Cr.P.C. was at the stage of
FIR in that case the allegations in the FIR/Complaint only are required to
be considered and whether a cognizable offence is disclosed or not is
required to be considered. However, thereafter when the statements are
recorded, evidence is collected and the charge-sheet is filed after
conclusion of the investigation/inquiry the matter stands on different
footing and the Court is required to consider the material/evidence
collected during the investigation. Even at this stage also, as observed
and held by this Court in catena of decisions, the High Court is not
required to go into the merits of the allegations and/or enter into the
merits of the case as if the High Court is exercising the appellate
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jurisdiction and/or conducting the trial. As held by this Court in the case
of Dineshbhai Chandubhai Patel (Supra) in order to examine as to
whether factual contents of FIR disclose any cognizable offence or not,
the High Court cannot act like the Investigating agency nor can exercise
the powers like an Appellate Court. It is further observed and held that
question is required to be examined keeping in view, the contents of FIR
and prima facie material, if any, requiring no proof. At such stage, the
High Court cannot appreciate evidence nor can it draw its own
inferences from contents of FIR and material relied on. It is further
observed it is more so, when the material relied on is disputed. It is
further observed that in such a situation, it becomes the job of the
Investigating Authority at such stage to probe and then of the Court to
examine questions once the charge-sheet is filed along with such
material as to how far and to what extent reliance can be placed on such
material.
9.2 In the case of Dhruvaram Murlidhar Sonar (Supra) after
considering the decisions of this Court in Bhajan Lal (Supra), it is held
by this Court that exercise of powers under Section 482 Cr.P.C. to quash
the proceedings is an exception and not a rule. It is further observed
that inherent jurisdiction under Section 482 Cr.P.C. though wide is to be
exercised sparingly, carefully and with caution, only when such exercise
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is justified by tests specifically laid down in section itself. It is further
observed that appreciation of evidence is not permissible at the stage of
quashing of proceedings in exercise of powers under Section 482
Cr.P.C. Similar view has been expressed by this Court in the case of
Arvind Khanna (Supra), Managipet (Supra) and in the case of XYZ
(Supra), referred to hereinabove.
9.3 Applying the law laid down by this Court in the aforesaid decisions
to the facts of the case on hand, we are of the opinion that the High
Court has exceeded its jurisdiction in quashing the criminal proceedings
in exercise of powers under Section 482 Cr.P.C.
10 The High Court has failed to appreciate and consider the fact that
there are very serious triable issues/allegations which are required to be
gone into and considered at the time of trial. The High Court has lost
sight of crucial aspects which have emerged during the course of the
investigation. The High Court has failed to appreciate and consider the
fact that the document i.e. a joint notarized affidavit of Mamta Gupta –
Accused No.2 and Munni Devi under which according to Accused no.2 –
Ms. Mamta Gupta, Rs.25 lakhs was paid and the possession was
transferred to her itself is seriously disputed. It is required to be noted
that in the registered agreement to sell dated 27.10.2010, the sale
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consideration is stated to be Rs.25 lakhs and with no reference to
payment of Rs.25 lakhs to Ms. Munni Devi and no reference to handing
over the possession. However, in the joint notarized affidavit of the
same date i.e., 27.10.2010 sale consideration is stated to be Rs.35 lakhs
out of which Rs.25 lakhs is alleged to have been paid and there is a
reference to transfer of possession to Accused No.2. Whether Rs.25
lakhs has been paid or not the accused have to establish during the trial,
because the accused are relying upon the said document and payment
of Rs.25 lakhs as mentioned in the joint notarized affidavit dated
27.10.2010. It is also required to be considered that the first agreement
to sell in which Rs.25 lakhs is stated to be sale consideration and there
is reference to the payment of Rs.10 lakhs by cheques. It is a registered
document. The aforesaid are all triable issues/allegations which are
required to be considered at the time of trial. The High Court has failed
to notice and/or consider the material collected during the investigation.
11. Now so far as the finding recorded by the High Court that no case
is made out for the offence under Section 406 IPC is concerned, it is to
be noted that the High Court itself has noted that the joint notarized
affidavit dated 27.10.2010 is seriously disputed, however as per the High
Court the same is required to be considered in the civil proceedings.
There the High Court has committed an error. Even the High Court has
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failed to notice that another FIR has been lodged against the accused
for the offences under Sections 467, 468, 471 IPC with respect to the
said alleged joint notarized affidavit. Even according to the accused the
possession was handed over to them. However, when the payment of
Rs.25 lakhs as mentioned in the joint notarized affidavit is seriously
disputed and even one of the cheques out of 5 cheques each of Rs.2
lakhs was dishonoured and according to the accused they were handed
over the possession (which is seriously disputed) it can be said to be
entrustment of property. Therefore, at this stage to opine that no case is
made out for the offence under Section 406 IPC is premature and the
aforesaid aspect is to be considered during trial. It is also required to be
noted that the first suit was filed by Munni Devi and thereafter
subsequent suit came to be filed by the accused and that too for
permanent injunction only. Nothing is on record that any suit for specific
performance has been filed. Be that as it may, all the aforesaid aspects
are required to be considered at the time of trial only. Therefore, the
High Court has grossly erred in quashing the criminal proceedings by
entering into the merits of the allegations as if the High Court was
exercising the appellate jurisdiction and/or conducting the trial. The High
Court has exceeded its jurisdiction in quashing the criminal proceedings
in exercise of powers under Section 482 Cr.P.C.
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12. Even the High Court has erred in observing that original complaint
has no locus. The aforesaid observation is made on the premise that
the complainant has not placed on record the power of attorney along
with the counter filed before the High Court. However, when it is
specifically stated in the FIR that Munni Devi has executed the power of
attorney and thereafter the Investigating Officer has conducted the
investigation and has recorded the statement of the complainant,
accused and the independent witnesses, thereafter whether the
complainant is having the power of attorney or not is to be considered
during trial.
13. In view of the above and for the reasons stated above, the
impugned judgment and order passed by the High Court quashing the
criminal proceedings in exercise of powers under Section 482 Cr.P.C. is
unsustainable and the same deserves to be quashed and set aside and
is accordingly quashed and set aside. Now, the trial to be conducted
and proceeded further in accordance with law and on its own merits. It
is made clear that the observations made by this Court in the present
proceedings are to be treated to be confined to the proceedings under
Section 482 Cr.P.C. only and the trial Court to decide the case in
accordance with law and on its own merits and on the basis of the
evidence to be laid and without being influenced by any of the
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observations made by us hereinabove. The present appeal is
accordingly allowed.
.……………………………………J.
[Dr. Dhananjaya Y. Chandrachud]
…………………………………….J.
[M. R. Shah]
New Delhi,
August 13, 2021
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