The Punjab and Haryana High Court quashed an FIR for cheating and forgery arising from a land agreement dispute, holding that criminal law cannot be used to settle civil disputes or avoid contractual obligations.
Key Observations
The Court said criminal proceedings should not be misused to pressure parties in property or contractual disputes.
It found the agreement to sell was a registered document with no visible alterations or overwriting.
The complainant had alleged that the accused changed the sale price from ₹1.25 crore per acre to ₹25 lakh per acre by replacing pages of the agreement.
However, the Court noted that the complainant later sold the land to another party for ₹35 lakh per acre, which weakened his claim about the earlier higher price.
Court’s Conclusion
The Bench held that the FIR appeared to be filed to escape civil liability and counter a civil suit for specific performance, amounting to an abuse of the criminal process. Hence, the Court quashed the FIR and all related proceedings.
Legal Principle:
Criminal law cannot be invoked merely to settle civil disputes, especially in property transactions arising out of agreements to sell.
