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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.Khazi
C. Moideen Farhad @ Moideen Farhad Chunge, S/O Late Abdul Rahiman – Appellant
Versus
Abdulla Udyavar Bellikunhi, S/O Late U Bellikunhi – Respondent
ORDER :
J.M. Khazi, J.
These petitions are filed under Section 482 of Cr.P.C to quash the criminal proceedings in Cr.No.98/2022 of CEN crime police station, Mangaluru for the offences punishable and Sections 406 , 409, 420 and 34 of IPC.
2. While Crl.P.No.2216/2023 is filed by accused No.1, W.P.No.9800/2023 is filed by accused No.2.
3. For the sake of convenience, parties are referred to by their ranks before the trial Court.
4. Based on the complaint filed by the complainant, the CEN police, Mangaluru have registered the case in Cr.No.98/2022, for the offences punishable under Sections 406 , 409, 420 r/w 34 of IPC. The complaint reveal that accused No.1 is no other than the son-in-law of sister of complainant. He was residing in the flat belonging to the complainant at Retreat Apartments, Mangaluru. Since he is a close relative, complainant used to rely on him whenever his help was needed. Complainant and all the accused are hailing from Kerala. Accused Nos.1, 3 and 4 are known to the complainant. In fact, complainant and accused No.2 are residing at Dubai in connection with their work and as such knowing each other. Complainant wanted to settle in Kerala after his retirement and want
Criminal proceedings cannot be quashed under Section 482 of Cr.P.C. when serious allegations of cheating and fraud are established, necessitating further investigation.
(1) Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused.(2) Whether a complaint discloses a criminal offence or not, depends upon nature of act....
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 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 civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
Specific allegations of assault and threats warrant a full trial, even in cases involving prior civil disputes and claims of forged documents.
The court ruled that when a dispute is essentially civil in nature and overlaps with criminal allegations, the criminal proceedings should be quashed to prevent abuse of the legal process.
Criminal proceedings cannot be used to settle civil disputes when the civil court has already made decisions on the matter.
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.
Civil proceedings do not preclude criminal prosecution for the same acts under IPC provisions.
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