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VAIBHAVI D. NANAVATI
Yashwantsinh Shankarsinh Chauhan – Appellant
Versus
Dilipbhai Piyushbhai Vaghela – Respondent
ORDER :
1. Heard Mr. R. D. Dave, the learned advocate appearing for the applicant and Ms. Himali Soni, the learned advocate appearing for Mr. S. B. Thakkar, the learned advocate appearing for the respondent No.1 and Ms. Maithili Mehta, the learned APP appearing for the respondent No.2 – State.
2. By way of present application the applicant herein has prayed for quashing of the complaint being Criminal Case No.53443 of 2015 pending before the learned Judicial Magistrate First Class, Vadodara, filed by the respondent No.1 – original complainant and consequential orders including the order dated 3.11.2018 passed by the learned Judicial Magistrate First Class below the said complaint directing to frame the charge against the applicant for the offences punishable under Sections 441, 415, 420, 463, 470, 506(2) and 120B of the Indian Penal Code. Though no offence as alleged can be said to be made out against the present applicant for the dispute of purely of civil nature. The dispute has attained finality by order passed by the Joint Charity Commissioner in favour of the applicant by rejecting the application of the complainant.
3. Brief facts arising for determination of the present disp
The duty of trustees to act in accordance with the law, compliance with statutory provisions, and the need for courts to refrain from interfering with ongoing investigations.
Continuing criminal proceedings based on identical allegations that have been previously discharged constitutes an abuse of process of law.
The main legal point established in the judgment is that the Charity Commissioner's decision to grant consent for instituting the civil suit was based on subjective satisfaction and fulfilled all pro....
Criminal proceedings cannot be misused to resolve civil disputes; courts must ensure appropriate legal standards are met.
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