V. SUJATHA
Jami Sriramulu – Appellant
Versus
State Of A. P. – Respondent
ORDER :
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.987 of 2016 on the file of I Additional Judicial First Class Magistrate, Vizianagaram, registered for the offences punishable under Sections 447, 427, 506 of Indian Penal Code (for short “I.P.C.”).
2. Petitioner herein is the accused. Respondent No.2 is the de-facto complainant. Respondent No.2 filed a complaint stating that he is resident of Dwarapudi Village, Vizianagaram Mandal, purchased Ac-0.19 ½ cents of land in Sy.No.242/1 in Dwarapudi Village from his villager Puli Radha, W/o Appanna and got registered the same in the name of his daughter i.e. Boddula Uma Barathi on 10.06.2014, since then the daughter of de-facto complainant is enjoying the said land, and on the southern side of the said land, the accused land is situated. LW4, who is carrying out the farming activities to the said land, on 30.05.2016 came to know that the accused got ploughed his land along with de-facto complainant’s daughter land with a tractor and demolished southern land bund of de-facto complainant’s daughter and occupied it. On that, LW4 rushed to the spot, notic
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The court established that criminal proceedings cannot be maintained when the underlying dispute is purely civil in nature.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
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