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SANDEEP N. BHATT
Dilip Manchhalal Parihar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present petition is filed for the following prayers:
(b) That pending hearing and final disposal of this present petition, this Honble Court may be pleased to stay further proceedings of FIR bearing No. 11191011240307/2024 registered with DCB Police Station, AHMEDABAD against the petitioner.
(c) Be pleased your Lordships to pass any other and further order considering the facts and circumstances of the case in the interest of justice.”
2. Heard learned Senior Counsel Mr. Aditya Bharat Manubarwala with learned advocate Mr. O.I.Pathan for the petitioner and learned APP, Mr. Manan Maheta for the respondent – State.
3. Learned Senior Counsel has submitted that essentially the dispute is between two brothers and initially, the application was given before some other Police Station, though, both the brothers are residing at Mumbai ho
Criminal proceedings can continue despite the civil nature of a dispute if criminal allegations are substantiated in the FIR.
The High Court established that criminal proceedings cannot be pursued for matters fundamentally rooted in civil disputes, reinforcing the principle against abusing the legal system.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
Abuse of process of law in invoking criminal proceedings for a civil dispute.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
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