Back
M. R. SHAH, B. V. NAGARATHNA
Rekha Jain – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.01.2020 passed by the High Court of Judicature at Allahabad in an Application under Section 482 No. 47634 of 2019 by which the High Court has dismissed the said application and has refused to quash the criminal proceedings in exercise of powers under Section 482 Cr.P.C., original accused Nos. 2 and 3 – appellants herein – Smt. Rekha Jain and Smt. Minakshi Jain have preferred the present appeal.
2. That on the basis of complaint under Section 156(3) Cr.P.C. submitted by the respondent No.2 herein – original complainant, on the directions of the learned Additional Chief Judicial Magistrate, Hapur, F.I.R. dated 21.01.2019 bearing Case Crime No. 48 of 2019 was registered under Sections 406, 420, 467, 468, 471 and 120-B IPC, P.S. Hapur Nagar, District Hapur against six accused persons including the appellants herein.
2.1 That it was stated in the F.I.R. that one Arun Kumar Maheshwari (co-accused) had earlier misappropriated complainant's and other persons’ monies ostensibly towards deposit in one Kuber Mutual Benefits Ltd. (in the year 1998-1999), and fled from Hapur without returnin
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
High Court is entitled to quash a proceeding if it comes to conclusion that allowing proceeding to continue would be abuse of process of Court or that ends of justice require that proceeding ought to....
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
The court ruled that criminal proceedings should not be used to settle civil disputes and can be quashed if they do not establish a prima facie case of criminal offence.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
The power to quash criminal proceedings should be exercised sparingly and only when the allegations do not disclose a prima facie case of a criminal offence.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
