Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
YARENJUNGLA LONGKUMER
Indroneel Goho S/o Panna Goho – Appellant
Versus
Razouvonuo Thong – Respondent
| Table of Content |
|---|
| 1. agreements and parties involved (Para 1 , 2) |
| 2. contesting criminal nature of civil complaint (Para 3 , 4 , 6) |
| 3. facts surrounding the mou and ownership dispute (Para 5 , 10 , 11 , 12 , 13) |
| 4. legal precedents against frivolous criminal complaints (Para 8 , 9) |
| 5. arbitration clause does not preclude criminal liability (Para 15 , 16) |
| 6. inherent powers under section 482 crpc (Para 17 , 18 , 19) |
| 7. final decision on the petition dismissal. (Para 20 , 22) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. Heard learned Senior Advocate, Mr. H. Rahman assisted by Mr. I. Jamir, learned counsel for the petitioner. Also heard Mr. N.K. Luikham, learned counsel for the respondent No. 1 and Mr. Veto V. Zhimomi, learned Government Advocate for the respondent No. 2.
2. This application has been filed under Section 482 CrPC r/w Article 227 of the Constitution of India, praying for quashing of the C.R. Case No. 17/2020 pending before the learned JMFC, Dimapur.
3. The learned counsel for the petitioner has stated that the respondent No. 1 had filed a complaint under Section 200 CrPC alleging that the petitioner has committed an offence punishable under Section 417 and 420 CrPC. It was registered as
Inherent powers under Section 482 CrPC cannot quash proceedings if sufficient allegations under Sections 417 and 420 IPC are present, irrespective of an arbitration clause in the contract.
In absence of mens rea criminal proceeding cannot survive.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
(1) To exercise powers under Section 482 Cr.P.C., complaint in its entirety shall have to be examined on the basis of allegation made in complaint/FIR/charge-sheet and High Court at that stage was no....
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
