GUWAHATI: The Supreme Court on Monday, December 16, voiced concerns about the widespread practice of transforming civil disputes into criminal cases across several states. The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, was hearing a plea seeking the quashing of charges under Sections 420, 406, 354, 504, and 506 of the Indian Penal Code (IPC) filed against the petitioner by the complainant, who alleged misconduct in the transfer of a property sale deed.
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The petitioner had challenged an order from the Allahabad High Court, which had refused to quash the charges, maintaining that "at this stage, it cannot be said that no offence is made out against the applicants." When questioned by the bench, the counsel for the second respondent (the original complainant) admitted that only a criminal case had been filed, as a civil suit had not been pursued, citing the petitioner's relocation as the reason.
Chief Justice Khanna highlighted the growing trend of incorrectly framing civil disputes as criminal cases, stating, "This is yet another instance where a civil matter is being criminalized, and this practice needs to be strongly curtailed. Advise your clients accordingly, or their case might not even be barred by limitation. This is happening in several states, and it is a flawed approach."
The complainant alleged that the petitioner induced them to transfer ₹19 lakhs into the petitioner’s account under the false promise that a sale deed would be executed. Previously, the court had stayed the criminal trial, noting that the complainant defaulted on payment and breached the contract. No FIR had been registered in earlier complaints, as no criminal offence was established.
While extending the interim stay, the bench granted three weeks for the original complainant to file a counter. The matter is scheduled for hearing in March 2025.