Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal Proceedings Should Not Become Weapons Of Harassment
3 years, 5 months ago

Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal Proceedings Should Not Become Weapons Of Harassment

Live Law  

Dispute of a civil nature has been given colour of criminal offence, the Supreme Court observed in a judgment delivered last month while it quashed criminal proceedings initiated against a property purchaser.The bench of Justices Indira Banerjee and JK Maheshwari observed that while considering a petition seeking quashing of criminal proceedings, the High Court should examine whether a. Dispute of a civil nature has been given colour of criminal offence, the Supreme Court observed in a judgment delivered last month while it quashed criminal proceedings initiated against a property purchaser. The bench of Justices Indira Banerjee and JK Maheshwari observed that while considering a petition seeking quashing of criminal proceedings, the High Court should examine whether a complaint discloses criminal offence or not depends on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not. The High Court has, however, to see whether the dispute of a civil nature has been given colour of criminal offence.

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History of this topic

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
2 years, 1 month ago

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings

Live Law  

The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156, Cr.P.C did not …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

"Civil Dispute Given Colour Of Criminal Wrong Doing" Supreme Court Quashes Chargesheet Registered U/S 420 IPC
3 years ago

"Civil Dispute Given Colour Of Criminal Wrong Doing" Supreme Court Quashes Chargesheet Registered U/S 420 IPC

Live Law  

Observing that continuation of proceedings would amount to abuse of process the Supreme Court recently quashed a case registered u/s 420 IPC where a civil dispute was sought to be given a colour of criminal wrong doing. The bench of Justices DY Chandrachud and Surya Kant in the present case was considering a criminal appeal assailing Allahabad High Court's order …

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