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KARDAK ETE
Pani Tapo S/o Late Pani Rui – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. P. Bate, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State.
2. By filing this petition under Section 482 of the Code of Criminal Procedure, 1973 jointly, the petitioners have prayed for quashing of the criminal proceedings of G.R. Case No. 33/2021, under Sections 468/471/120(B)/420 of the IPC, 1860 on the basis of the settlement arrived at between the petitioners.
3. The case, in brief, is that the petitioner No. 1 being the proprietor of M/s Baby Enterprise, who had been initially authorized the petitioners No. 2 and 3 to bid for a tender on his behalf with a condition whoever succeeds to execute the work on behalf of M/s Baby Enterprise in respect of construction of approached road from BRTF road to Tayang under SADA 2018-19 under PWD Sangram Division, Kurung Kumey District for an amount of Rs.96,08,200/-(Rupees Ninety six lakhs eight thousand two hundred). The petitioner No. 3 had asked for sharing of the said construction work from the petitioner No. 2, but the petitioner No. 2 has denied. However, the petitioner No. 3 also started the work on the same stretch of road and after comp
The court can quash criminal proceedings under Section 482 of the Cr.P.C. for disputes of civil character arising from business transactions, especially when settled amicably.
Criminal prosecution is justified when allegations indicate dishonest intent and forgery, overriding claims of civil dispute under contractual obligations.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The court established that a civil dispute can coexist with criminal allegations, and the mere existence of a civil remedy does not negate the possibility of criminal liability if the complaint discl....
The court found that the allegations made in the criminal complaints are prima facie and require a thorough investigation. The documents failed on the twin parameters of reliability and trustworthine....
The main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
The court can invoke its inherent power under Section 482 of the Cr.P.C to quash criminal proceedings based on a settlement between the parties, especially for offences of a less serious nature.
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