Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Ullash Ch.Samantray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 1 , 2) |
| 2. arguments regarding nature of the dispute. (Para 3 , 4) |
| 3. court's observations on the civil dispute. (Para 5 , 6) |
| 4. legal principles on quashing criminal proceedings. (Para 7) |
| 5. conclusion on the criminal proceeding abuse. (Para 8 , 9 , 10) |
JUDGMENT :
1. By means of this application, the Petitioner seeks to quash the criminal proceeding in connection with 1CC No.315 of 2016 pending before the learned S.D.J.M., Bhubaneswar initiated at the instance of the Opposite Party No.2.
3. Mr. Lenka, learned counsel for the Petitioner, submitted that the entire set of allegations in the complaint arises out of a long- standing property dispute between the parties, which is purely civil in character, and that the criminal court ought not to entertain matters that essentially pertain to civil rights over immovable property. He contended that right from the institution of the civil suit, Opposite Party No.2, namely Pramila Paikray, the elder sister of the Petitioner, with the sole objective of appropriating the entire properties of Lokanath Samantray, deliberately disputed the parentage of the Petitioner by describing him as the son of
Criminal proceedings cannot be maintained when disputes are civil in nature, and complaints lacking essential criminal elements should be quashed to prevent abuse of legal processes.
Civil disputes cannot be agitated before Criminal Courts.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
The court ruled that criminal proceedings should not be used to settle civil disputes and can be quashed if they do not establish a prima facie case of criminal offence.
The main legal point established in the judgment is that when a dispute is essentially of a civil nature, criminal proceedings should not be allowed to proceed, and the power to quash criminal procee....
Disputes over repayment of money in family arrangements are civil matters and do not constitute criminal offences under IPC sections regarding cheating and deception.
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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
