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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.Nagaprasanna
Jagadish Devadas Anchan, S/O Late Devadas Chandrashekar Anchan – Appellant
Versus
State Of Karnataka Through Mulky Police Station Represented By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2) |
| 2. arguments presented by both parties' counsels. (Para 3 , 4 , 5 , 6) |
| 3. court's observations on the seriousness of the allegations. (Para 7 , 9) |
| 4. details of the complaint and alleged fraudulent activities. (Para 8 , 10 , 11) |
| 5. applicable legal principles regarding civil and criminal proceedings. (Para 12) |
| 6. court's conclusion on the merit of the petitions. (Para 13 , 14) |
ORDER :
M. Nagaprasanna, J.
These petitions are filed by accused Nos.1 and 2 in Crime No.62 of 2024 registered for offence punishable under Sections 419 , 420, 465, 467, 468, 471 and 34 of the IPC calling in question the FIR registered against them. Therefore, they are taken up together and considered by this common order. For the sake of convenience, facts obtaining in Criminal Petition No.4470 of 2025, which are also common in the other petition, are narrated.
2. Facts, in brief, germane are as follows: -
The 2nd respondent is the complainant. A complaint comes to be registered by the 2nd respondent stating that he is the power of attorney holder of five persons viz.,(i) Mr. Vijaya Adappa;(ii) Mrs. Yamini Sridevi Mali;(iii) Smt. Manjula Adap
The court established that civil suits do not bar criminal proceedings when allegations reveal potential criminal activities, emphasizing the simultaneous applicability of both legal remedies.
Civil and criminal remedies can coexist; the existence of civil disputes does not prevent criminal prosecutions when serious allegations are made.
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 allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
The power under Section 482 of Cr.P.C. should be used sparingly and with abundant caution, and criminal proceedings should not be used to settle purely civil disputes.
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