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VENKATA JYOTHIRMAI PRATAPA
Syed Shameer, S/o Late Syed Hussian – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short “Cr.P.C”] has been filed by the Petitioner/Accused, seeking to quash the proceedings against him in C.C.No.1113 of 2019 on the file of the Court of I Additional Judicial Magistrate of First Class, Kadapa, registered for the offences punishable under Sections 420, 465, 468, 471 and 506 read with 34 of the Indian Penal Code, 1860.[for short “I.P.C.”]
2. The facts of the case, in brief, are as follows
a. Petitioner and Respondent No.2 are brothers, who have started jewellery business in the name and style of “Zeenath Jewellery Shop” on 01.07.1980 and have entered into a deed of partnership dated 01.08.1985. Subsequently, in the course of time, another jewellery shop was also set up in the name “Zeenath Gold Palace” which is under the management of Respondent No.2. Thereafter, the second shop got closed due to the losses sustained in the business.
b. It is stated that the efforts made by Respondent No.2 to get his legitimate half share in the properties purchased from the nucleus of joint business funds, did not fructify and as such, Respondent No.2 filed a suit in O.S.No.23 of 2001 on the file of
Criminal proceedings cannot be maintained if the allegations are purely civil in nature and do not disclose a criminal offence.
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 court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
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....
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 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 ....
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