VidhiSangh

Supreme Court of India · 03/12/2018

DILBAG RAI versus THE STATE OF HARYANA & ORS.

[2018] 14 S.C.R. 1138 · 2018 INSC 1139

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court reversed quashing of criminal proceedings concerning an agreement to sell property. The High Court treated the matter as a mere refusal to execute a sale deed, overlooking investigation material supporting the allegation that the accused lacked title yet induced payment. The truth of that allegation required trial. The Court restored the proceedings without expressing any view on guilt or the merits of the accusation.

Issues

  1. Whether the High Court properly quashed the proceedings as a civil dispute despite investigation material concerning the seller’s lack of title.

Provisions considered

Held

Result

Appeal allowed; High Court’s quashing order dated 11 February 2016 set aside without expressing an opinion on the accusation’s merits. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1138.