Agencies
New Delhi, Jan 6: The Supreme Court on Monday quashed a cheating case against a Goa MLA accused of land grabbing and fraudulent sale of property.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan allowed the appeal of MLA Jit Vinayak Arolkar challenging a March 2023 Bombay High Court verdict dismissing his plea to quash the FIR.
The case involved allegations under Section 420 (cheating) of the IPC, registered on October 26, 2020, at the Pernem Police Station, and then transferred to the special investigation team of the economic offences wing.
The FIR accused Arolkar of fraudulently selling a property in Dhargalim Village, Pernem, Goa, without the consent of all legal co-owners.
The property -- “Capnivoril Guera” or “Kapni Varil Ghera” -- came under dispute after the complainant, who filed 12 civil suits in 2018, claimed ownership.
The complainant alleged Arolkar sold portions of the land in his capacity as the constituted attorney of two co-owners, Vidhya Natekar and Sanjay Natekar, without the consent of other stakeholders.
The MLA's counsel argued the sales only transferred the ownership rights of the individuals he represented and did not encroach on the complainant’s rights.
The complainant however filed a police complaint alleging fraudulent sale without the consent of the co-owners, resulting in the FIR.
Justice Oka, who authored the judgment, said the dispute was primarily civil in nature, and did not justify invoking criminal law.
"The appeal succeeds. The impugned judgment and the order dated March 1, 2023, is set aside, and FIR... ....and proceedings based thereon are hereby quashed and set aside only as against the appellant,” held the bench.
The judgment clarified of not making any adjudication on the merits of the pending civil dispute between the parties. |
