VENKATA JYOTHIRMAI PRATAPA
Segu Sudhakara, S/o. Lingaiah – Appellant
Versus
State of Andhra Pradesh, Rep. by Its Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
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 Crime No.39 of 2021 on the file of Pattabhipuram Police Station, Guntur District, registered for the offences under Sections 406 and 420 of Indian Penal Code, [for short ‘IPC’].
2. Brief facts of the case are as follows:
(b) Petitioner/Accused promised to Respondent No.2 to get the said plots registered, after obtaining approval from C.R.D.A, but, till now no approval was granted by the C.R.D.A. On enquiry, Respondent No.2 came to know that the said land was mortgaged to some third parties and without obtaining any approval from C.R.D.A., Petitioner/Accused got registered some plots to some others.
(c) As the Petitioner/Accused neith
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
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 quashed criminal proceedings under Section 482 Cr.P.C. as the allegations did not constitute a criminal offence and were purely civil in nature.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
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 quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
Criminal proceedings cannot be quashed based on allegations of a civil nature if prima facie offences are established in the complaint.
The court affirmed that mere availability of civil remedies does not negate criminal liability, allowing the investigation to proceed based on sufficient prima facie allegations.
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.
The court quashed criminal proceedings as the allegations did not constitute a criminal offence but were civil in nature, emphasizing the abuse of process of law.
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