LexTHE STATE OF MADHYA PRADESH versus SHILPA JAIN & ORS.
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* Author [2024] 4 S.C.R. 372 : 2024 INSC 278 The State of Madhya Pradesh v. Shilpa Jain & Ors. (Criminal Appeal Nos. 1565-1567 of 2024) 05 April 2024 [Vikram Nath and Satish Chandra Sharma,* JJ.] Issue for Consideration Whether the High Court is correct in exercising its jurisdiction under Section 482 CrPC to quash the FIR filed against Respondents. Headnotes Criminal Procedure Code, 1973 – s. 482 – Whether High Court proceeded on false premise that the Suit Property did not vest in State of Madhya Pradesh – Consequently proceeded to quash the FIR against Respondents: Held: The Trial Court categorically found that the Suit Property belonged to the State of Madhya Pradesh while dismissing the Civil Suit – This finding was upheld by the High Court – The facts of the case reveal that the High Court chose to exercise its jurisdiction under Section 482 of the CrPC on the erroneous assumption that the Suit Property did not vest in the State of Madhya Pradesh – Undoubtedly, the genesis of the present dispute emanates from civil proceedings qua the possession of the Suit Property, however, the dispute in its current avatar has certainly undergone a metamorphosis into a criminal dispute – Having considered the materials on record, it is clear that neither does the present case satisfy any of the parameters laid down by this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, warranting the exercise of jurisdiction under Section 482 of the CrPC vis-à-vis the quashing of an FIR; and nor can the allegation(s) levelled against the accused person(s) be classified as ‘purely civil in nature’ or merely ‘cloaked as a criminal offence’ – In view of aforesaid, the appeals succeed and are allowed – The Impugned Order passed by High Court is hereby set aside. [Para 6,9,11,12] [2024] 4 S.C.R. 373 The State of Madhya Pradesh v. Shilpa Jain & Ors. Criminal Procedure Code, 1973 – s. 482 – Whether Revenue proceedings confer rights, title, or interest in relation to property – Examined: Held: Revenue records are not documents of title; and nor would any findings pursuant to revenue proceedings under the Madhya Pradesh Land Revenue Code, 1959 confer any rights, title or interest upon the Respondents in relation to the Suit Property – Title can only be determined by a civil court of competent jurisdiction. [Para 7] Case Law Cited State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992) Supp (1) SCC 335; Mohd. Ibrahim v. State of Bihar [2009] 13 SCR 1254 : (2009) 8 SCC 751 — referred to. List of Acts Indian Penal Code, 1860; Criminal Procedure Code, 1973; The Madhya Pradesh Land Revenue Code, 1959. List of Keywords Quashing of FIR under Section 482 CrPC; Offence related to government property; Revenue Proceedings to contend title of Property; Civil dispute undergone a metamorphosis into a criminal dispute; Exercise of jurisdiction under Section 482 CrPC; Interplay between civil disputes and criminal proceedings; Parameters for quashing of FIR. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos.1565- 1567 of 2024 From the Judgment and Order dated 14.01.2016 of the High Court of M.P at Indore in MCRC No. 6972, 6981 and 7663 of 2015 Appearances for Parties Padmesh Mishra, Pashupathi Nath Razdan, Mirza Kayesh Begg, Ms. Maitreyee Jagat Joshi, Astik Gupta, Ms. Akanksha Tomar, Argha Roy, Ms. Ojaswini Gupta, Ms. Ruby, Advs. for the Appellant. Puneet Jain, Mrs. Christi Jain, Mann Arora, Ms. Akriti Sharma, Ms. Lisha Bhati, Ms. Pratibha Jain, Advs. for the Respondents 374 [2024] 4 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. Introduction 1. The present appeals arise out of a common order dated 14.01.2016 passed by the High Court of Madhya Pradesh (the “High Court”) in Miscellaneous Criminal Case bearing numbers (i) 6972 of 2015; (ii) 6981 of 2015; and (iii) 7663 of 2015, whereunder the High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure (“CrPC”) quashed (i) a First Information Report bearing number 551 of 2015 dated 25.07.2015 registered at PS Khategaon, Dewas (the “FIR”) under Section(s) 420, 466, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (the “IPC”); and (ii) the criminal proceedings emanating thereof (the “Impugned Order”). Factual Background 2. The facts and proceedings germane for contextual understanding of the present lis, are as foll
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