Summary
A mistaken date and place of execution in an admittedly signed vakalatnama did not, on the circumstances, establish forgery or intentional fraud warranting court-directed prosecution. The prosecution direction, resulting FIR and charge-sheet were quashed, subject to a bar on further consequential proceedings based on that quashing. Separate harassment and property-damage cases were not quashed: protection was extended in the former and anticipatory bail granted in the latter, with its merits left open.
Issues
- Whether the vakalatnama error justified a forgery prosecution and court-directed complaint.
- What relief was appropriate in the two separate criminal cases.
Held
- Court-directed prosecution requires satisfaction that inquiry is expedient in the interests of justice, assessed by the impact on administration of justice. Deliberate falsehood on a matter of substance and a reasonable foundation are required; mere inaccuracy does not invariably suffice. (¶¶ 10–11, 19–21)
- The appellants admitted their signatures and supplied a plausible explanation of the document’s travel and clerical error. The High Court gave no adequate reason to reject it. On these facts there was no supporting material of intentional deception or gain sufficient to label the error fraud or forgery. (¶¶ 15–18, 21–22)
- The resulting FIR and charge-sheet were quashed to meet the ends of justice in these particular circumstances. The appellants were prohibited from using the quashing to pursue further consequential proceedings. (¶¶ 24, 27)
- The reported compromise in the harassment case was not examined on merits; interim protection continued until disposal. In the separate property-damage case, anticipatory bail continued through disposal, while any quashing request remained for independent High Court consideration. (¶ 25–29)
Result
Forgery-prosecution direction set aside; FIR 1331/2016 and its charge-sheet quashed, with no further consequential proceedings based on that relief. Protection in Crime 5/2016 extended through disposal. Anticipatory bail granted in Crime 276/2016 through disposal, with liberty to seek quashing before the High Court. Appeals disposed of.