Back
SHAMPA DUTT (PAUL)
Vikram Sikaria – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred praying for quashing of proceeding in G.R. Case No. 600/18 arising out of Bowbazar Police Station Case No. 163/2018 under Sections 406/420/467/468/471/120B of the Indian Penal Code, pending before the learned Metropolitan Magistrate 14th Court, Calcutta.
2. The petitioner’s case is as follows:
Criminal proceedings should not continue if they arise from a civil dispute and lack criminal elements, as this constitutes an abuse of process.
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court has the inherent power to quash criminal proceedings, including those initiated under Sections 420/406/120B IPC, where the dispute is private in nature, has been resolved, and the cont....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
