Back
B. V. NAGARATHNA, K. V. VISWANATHAN
Urmila Devi – Appellant
Versus
Balram – Respondent
JUDGMENT :
B.V. NAGARATHNA, J.
1. Leave granted.
2. The present appeal arises out of impugned order dated 09.04.2019 passed in Application U/S 482 No. 6543/2003 by the High Court of Allahabad dismissing the application preferred by the accused-appellants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”).
2.1 Vide the impugned Order, the High Court refused to quash the Criminal Complaint Case No. 627 of 2002 titled Balram vs. Kodai and Others under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860 (“hereinafter “IPC”) pending before the Court of the learned Chief Judicial Magistrate, Basti.
3. Burdened by the fear of his estate being jeopardized and trammeled by the alcoholic obsessions of his third son-Ashish Kumar, one Shri Ram Baksh Dubey (since deceased) (hereinafter “testator”) executed an unregistered will dated 23.12.1993 bequeathing all his movable and immoveable properties in the name of his four daughters-in-law as his legatees, who, naturally, are the respective wives of testator’s four sons and are also the accused-appellants herein. The facts of the case can be crystallized as under:
Civil dispute cannot be disguised as criminal dispute so as to misuse process of Criminal Court.
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
The court has the inherent power to prevent abuse of process and secure the ends of justice, and criminal proceedings should not be permitted to continue if the dispute is purely civil in nature and ....
Criminal proceedings cannot be pursued when the validity of the document in question is already under adjudication in a civil court, to prevent abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court o....
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 power to interfere in criminal proceedings under Section 482 of the Cr.P.C. should be exercised sparingly and only in rare and exceptional cases to prevent abuse of the process of the court or to....
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
