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V. SUJATHA
Kodali Satya Devi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
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.18 of 2017 on the file of II Additional Munsiff Magistrate, Ongole, Prakasam District registered for the offences punishable under Section 190 and 200 Code of Criminal Procedure (for short “Cr.P.C.”).
2. Petitioner herein is the accused. Respondent No.2 is the de-facto complainant. Respondent No.2 filed a complaint against the accused stating that one Nalluri Ravi introduced the accused, her husband Narasimha Rao and one Chalicham Anil Kumar to the complainant stating that they want to purchase the house of complainant. Accordingly, the accused and other persons with mediation of the said Nalluri Ravi prepared to purchase the house of complainant. As there was short of Rs.18,00,000/- out of total consideration, on 28.02.2015 the accused and three other persons requested the complainant to accept the promissory note and a post dated cheque from them for the said amount and complete the execution of registered sale deed. Further, they promised that they will adjust the amount by 10.03.2015 by way of depositing the amount in the acco
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
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.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent 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 if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
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 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 established that criminal proceedings cannot be maintained when the underlying dispute is purely civil in nature.
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