Nazibul Rahim Khan v. State of Uttar Pradesh -S.482 CrPC - Civil Nature - Quashing - Inordinate Time Gap

Code of Criminal Procedure, 1973 – Section 482 — Upon the same cause of action and based on the same set of facts/circumstances, both civil and criminal proceedings can be maintainable - However, if the aggrieved person wishes to invoke civil as also criminal remedies, there should not be an unreasonable or inordinate gap between instituting the two. The initiation or setting into motion of a civil proceeding indicates that a full-fledged trial is required relating to the veracity of the wrongs allegedly committed by the other side which would have to be in tune or in accordance will law upon evidence being taken by the Court concerned- It indicates that the aggrieved party also accepts, at least to an extent, that the case involves civil elements. Even after, the aggrieved party is not precluded from invoking criminal law, however, the caveat being the time-factor which can indicate whether the criminal proceedings resorted to are genuine and bona fide, and not meant as a pressure tactic on the opposite party(ies) for getting relief(s) which may have been sought in the civil proceedings. The Court, in such situation, will have to minutely and mindfully consider the whole factual gamut and then draw its conclusions. (Para 23-24) [Context: In this case, Supreme Court held that where the complainant had knowledge of the alleged forgery and impersonation at least since 2001 when she filed a civil suit, but chose to initiate criminal proceedings only in 2024 on the same factual foundation, such inordinate and unexplained delay, viewed with the surrounding litigative history and pending civil/criminal cases between the parties, demonstrated mala fide and abuse of process; consequently, the FIR and all consequential proceedings were quashed.]