Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Tina Gosain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petition for quashing criminal proceedings based on civil dispute. (Para 1 , 2) |
| 2. arguments regarding the nature of the dispute and legal precedents. (Para 4 , 5 , 6) |
| 3. court's observations on the abuse of process and nature of the complaint. (Para 7 , 8) |
| 4. final order quashing criminal proceedings. (Para 9 , 10) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant petition under Section 482 Cr.P.C is filed by the petitioners by invoking the extra-ordinary jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the order of cognizance dated 2nd February, 2022 and the entire criminal proceeding in connection with G.R. Case No. 1672 of 2021 pending in the Court of the learned S.D.J.M., Panposh, Rourkela on the grounds inter alia that there is no prima facie case made out against them and furthermore, the dispute inter se parties to be civil in nature.
2. In fact, opposite party No.2 filed a complaint in 1.C.C. Case No. 126 of 2021 before the Court of learned S.D.J.M., Panposh, Rourkela with the allegations made therein that a written report dated 18th May, 2021 was lodged with the local police but no case was registered despite a copy of the same sent to the S.P.,
Criminal proceedings initiated from civil disputes lacking prima facie case must be quashed to prevent abuse of legal process.
The exercise of inherent jurisdiction under Section 482 Cr.P.C. requires the allegations to prima facie constitute an offence, the absence of mala fide intentions, and the presence of a legal bar for....
Criminal proceedings stemming from civil disputes must reveal substantial criminal elements; otherwise, they serve as a misuse of process and warrant quashing.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
Criminal proceedings cannot be initiated for civil disputes, as it constitutes an abuse of process; such matters must be resolved in civil courts.
The central legal point established in the judgment is that the power of the High Court to quash a criminal proceeding under Section 482 of the Code of Criminal Procedure should be exercised to secur....
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
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
