IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
Ella Lokanadham – Appellant
Versus
State Of AP – Respondent
ORDER :
(V. SUJATHA, J.)
These Criminal Petitions are filed by the same petitioners but with a different prayer which can be decided by way of a common order. Hence I feel it appropriate to decide both the cases by way of this common order.
2. Crl.P.No.3167 of 2019 is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the complaint in C.C.No.567 of 2018 on the file of Additional First Class Judicial Magistrate, Yellamanchili, Visakhapatnam District.
3. Crl.P.No.3173 of 2019 is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the complaint in C.C.No.684 of 2018 on the file of Additional First Class Judicial Magistrate, Yellamanchili, Visakhapatnam District.
4. The petitioners herein are accused Nos.1 and 2 in both the criminal petitions, the 2nd respondent herein is the defacto complainant. On 14.12.2017, the 2nd respondent has filed a complaint before the Station House Officer, Atchutapuram Police Station stating that along with her husband, she purchased a land to an extent of Acs.3.94 cents in S.No.6/1A, 6/1B, 6/1E, 6/1F, 6/1L, 6/1K, 6/1I, 6/1J, 6/1G, 6/1M, 6/1N, 6/2 situated at Kondakarla village from Kandregula Ramanamm
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 held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
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.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
The court established that criminal proceedings cannot be maintained when the underlying dispute is purely civil in nature.
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
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