Criminal proceedings over a disputed sale deed can be quashed when the real controversy is civil and already pending in civil court.

Criminal proceedings based on an alleged forged sale deed were quashed because the dispute was substantially civil and the validity of the transaction was already before the civil court. The Court noted that the complaint turned on the genuineness of the deed and alleged forgery of the complainant's signature, but the investigation was perfunctory and did not include a handwriting expert report or a clear inquiry into consideration or the purchasers' role. As the civil suit was pending on whether the deed was executed and valid, continuation of the prosecution was treated as an attempt to give criminal colour to a civil dispute and an abuse of process.

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Issues: Whether criminal proceedings arising from an alleged forged sale deed ought to be quashed under the inherent jurisdiction when the dispute is substantially civil in nature and the validity of the transaction is already sub judice before the civil court.

Analysis: The complaint centred on the genuineness of the disputed sale deed and the alleged forgery of the complainant's signature. The investigation was found to be perfunctory, with no handwriting expert report and no clear inquiry into payment of consideration or the role of the alleged purchasers. The civil suit between the parties was already pending, and the civil court was seized of the question whether the sale deed was executed and whether it was valid. In these circumstances, the criminal prosecution was viewed as an attempt to give a criminal colour to a dispute that was essentially civil, and continuing it was considered an abuse of process.

Conclusion: The criminal proceedings were quashed in exercise of inherent powers.

Final Conclusion: A civil dispute concerning the authenticity of a sale deed, already pending before the civil court, did not justify continuation of the criminal prosecution on the same foundational allegation.

Ratio Decidendi: Where the substance of the controversy is civil and the decisive issue is already under consideration before the civil court, criminal proceedings founded on the same transaction may be quashed to prevent abuse of process and secure the ends of justice.

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