civil and criminal cases run together in property matters

Can civil and criminal cases run together in property matters - HC Judgment..

 In property related disputes, the police often do not register a complaint on the basis of First Information Report.  It is said that this is a civil matter.  Are all property related disputes really a matter of civil court?  Can a criminal case not be registered under any circumstances?  To understand this, let us read two important judgments of the High Court:-

1. Suresh Yadav vs Sharika B.  and others:-
 In the said case, a deal worth Rs 23,80,000 was made between the complainant and the accused to purchase 350 yards of land, in which the victim had paid Rs 5 lakh.  Before handing over the land to the complainant, the accused demolished two pucca houses built on the land. The accused did not tell the complainant that houses were also built on the land he was purchasing.
 Therefore, both civil and criminal cases were instituted against the accused.  In this case, it was held by the Supreme Court that a civil suit against the accused person can be filed simultaneously with the offense of cheating under Section 420 of the Indian Penal Code, 1860 because it is legal.

 But in this case the complainant gave different statements in the civil case and the criminal case, hence the offense under Section 420 could not be proved against the accused.

 2. N. Devendrappa vs. State of Karnataka:-
 In the said case, the accused, with dishonest intention, sold a piece of land to the complainant for three thousand rupees, saying that he was the owner of that land, the complainant gave two thousand rupees in cash, even after the time period, the accused sold the land to the complainant.  On this the court convicted the accused under section 420 of the IPC.

 The accused appealed that his crime was of civil nature and the court had heard a criminal case, on this the Supreme Court said that both civil and criminal offenses are committed against the accused and the court was justified in convicting the accused.

 After reading both the judgments we can say that if a person acquires property by dishonesty or deceit.  Then such property related crimes will be of both civil and criminal types, but it is also worth noting that both the cases should not be different i.e. the description of the accused crime should be the same.