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VIKRAM NATH, SATISH CHANDRA SHARMA
Sonia Verma – Appellant
Versus
State Of Haryana – Respondent
ORDER :
1. Leave granted.
2. The Appellants before us are aggrieved by the order dated 19.07.2023 passed in CRM-M-34512-2023 (the ‘Impugned Order’) whereby the High Court of Punjab and Haryana at Chandigarh refused to quash FIR No. 375/2022 dated 31.10.2022 (the ‘Subject FIR’), registered against the Appellants for offences under Section(s) 506, 420, 34, 120-B and 467 of the Indian Penal Code, 1860 (the ‘IPC’).
Brief Facts:
3. The uncontested facts are as follows: (i) the Appellants are doctors who are running the Surendra Maternity and Trauma Hospital (the ‘Hospital’), located in village Suthani, Tehsil Bawal, Rewari, Haryana; (ii) the Appellants were paying rent to Respondent No. 2’s son at the rate of Rs. 25,000/- per month for the Hospital property until August 2022; (iii) the original owner of the land upon which the Hospital stands was Kaptan Singh i.e., husband of Respondent No. 2.
4. Thereafter, as per the Appellants version, vide registered sale deed No. 1485 dated 23.08.2022 (the ‘RSD’), the Appellants purchased the land on which the Hospital stood i.e., Khewat No. l, Khatauni No. 1, Mustkil No. 33, Killa No. 26, village Suthani, Tehsil Bawal, Rewari, Haryana (the ‘Suit Prop
Court must guard against any Attempt made by a litigant to shroud a civil dispute with a cloak of criminality.
The court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
Criminal proceedings cannot be maintained if they are essentially civil disputes, especially when a civil remedy is available.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
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....
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