The Apex Court on 22.01.2019, in Sau Saraswatibai v Lalitabai & Ors[1],allowed the appeal filed by the Appellant in connection to the appeals that had been made against the judgment and orders that had been passed by the High Court of Bombay, Bench at Aurangabad, which had deliberately quashed the criminal proceedings and the Final Report.

FACTS:

The appellant being the Complainant as well had filed a complaint before the learned Magistrate against the  Respondents wherein it was alleged that the complainant was involved in purchasing of area of land from the Respondent No.1 through a sale deed. Following the sale, the same plot was resold in a fraudulent manner by the original owner accused to the Accused No.2 by re designing it. It has been alleged that the same plot that had been sold to the appellant had also been sold by the owner however by changing and re designing the plot and its number.

 It was further alleged that the other purchaser (Respondent No.2) was the   husband   of   the   original Respondent No.1­., who had eventually sold on the same plot to the sold to Respondent No.3­Accused No.3.  Hence, all the accused persons were held under various Sections such 420, 464, 465, 467,  468, 471  read  with Section 34 of IPC. An order of investigation was passed by the Magistrate against the accused followed by an FIR.  A petition was filed by the accused through which they had approached the High Court for quashing the aforesaid FIR   by means of Section 482 of Cr.PC.

After the completion of the investigation and  submission of the Final report ,the High Court while exercising its powers (Section 482 of the Cr.PC)  quashed  the  criminal proceedings as well as the Final Report .Subsequently, the appeals were made before the Apex Court as a result of being aggrieved by the judgment and orders of the High Court.

ISSUE: Was the High Court correct in quashing the criminal proceedings and the Final Report while exercising its powers under Section 482 of Cr.Pc?

DECISION HELD BY THE SUPREME COURT OF INDIA:

The Supreme Court of India while allowing the appeals and setting aside  and quashing the judgment and  orders of the High Court  and opining  the orders as unsustainable further held that the High Court had committed an error by disregarding the merits associate with the Final Report and wholly relying on the Counsel’s statement while passing the judgment and orders.