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VENKATA JYOTHIRMAI PRATAPA
P. Vijaya Kumari, W/o. D. Subhan – Appellant
Versus
State of Andhra Pradesh – 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 Petitioners/Accused Nos.4 and 5, seeking to quash the proceedings against them in Crime No.31 of 2019 on the file of Mylavaram Police Station, YSR District, registered for the offence under Sections 406 and 420 of Indian Penal Code, 1860.,[for short ‘IPC’]
2. Brief facts of the case are as follows:
b. Thereafter, when Respondent No.2 tried to discharge his loan and get released his stock, Accused Nos.6 and 7 have been postponing the same on one pretext or the other. On enquiry, Respondent No.2 came to know that Accused Nos.6 and 7 in
The court ruled that vague allegations without specific evidence do not justify criminal proceedings, emphasizing the need for concrete accusations to establish liability.
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 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 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 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 emphasized that inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, and quashing of FIR should be exercised sparingly.
Inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, exercised sparingly, allowing investigations to proceed unless no cognizable offence is disclosed.
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 absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
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