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VENKATA JYOTHIRMAI PRATAPA
Boya Shaik Shavali@ Shaik Shavali – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petitions under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] have been filed by the Petitioners/Accused Nos.1 to 3 and 4 & 5 respectively, seeking to quash the proceedings against them in Crime No.2 of 2020 on the file of Kadapa Taluq U/G Police Station, YSR Kadapa District, which was registered for the offence punishable under Sections 420 and 506 read with 34 of Indian Penal Code, 1860[for short ‘IPC’].
2. The facts mentioned in the complaint, in brief, are as follows:
b. Pursuant to their request, Respondent No.2 sent an amount of Rs.1,56,00,000/- on various dates from 07.04.2018 to 06.02.2019 through RTGS/NEFT from his bank accounts to
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 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 vague allegations without specific evidence do not justify criminal proceedings, emphasizing the need for concrete accusations to establish liability.
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 can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
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.
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