Filing criminal case in civil dispute unacceptable: SC's 50k fine on UP cops

The Supreme Court on Wednesday, 16 April imposed a Rs 50,000 fine on two Uttar Pradesh police officials for filing an FIR in a property dispute of a civil nature.

The bench said the top court was flooded with petitions challenging the registration of FIRs in civil disputes, and the practice was in “violation of a plethora of judgements”.

“Filing a criminal case for civil wrongs is unacceptable,” said a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, and refused to waive off the fine imposed on errant police officials. The bench told the state government counsel, “You pay the cost of Rs 50,000 and recover it from the officers.” The counsel had sought waiving off the fine.

The CJI recorded the facts of the case and said an FIR was lodged against Rikhab Birani and Sadhna Birani, who hail from Kanpur in Uttar Pradesh, in the case.

While dealing with a similar case, the CJI had said previously, “There is a of rule of law in Uttar Pradesh. Converting a civil matter into a criminal case is not acceptable.”

The director-general of the state police was then directed to file an affidavit in the particular case.

In the case at hand, the bench noted the FIR was lodged by the state police despite the fact that a local magisterial court twice rejected two separate pleas of one Shilpi Gupta seeking a direction for criminal prosecution against the Biranis.

In came on record that the Biranis orally entered into an agreement to sell their warehouse in Kanpur to Gupta on a consideration of Rs 1.35 crore.

Gupta paid Rs 19 lakh only towards part sale consideration and could not pay the agreed 25 per cent advance by 15 September 2020 to the Biranis. Later, the Biranis sold the facility to a third party at a reduced price of Rs 90 lakh and did not refund Rs 19 lakh paid by Gupta who twice unsuccessfully approached a criminal court for lodging an FIR.

The local court held that it couldn't order a criminal investigation as the matter was civil in nature. However, the local police lodged the FIR against the Biranis for offences including cheating and criminal intimidation, following which they were summoned by the court.

refused to quash the FIR and asked the Biranis to face trial. The order was then challenged in the top court.