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IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Manoj Bajaj,J.
Sanajy Gaur Advocate – Appellant
Versus
State Of U.P – Respondent
| Table of Content |
|---|
| 1. application for quashing charge sheet based on civil dispute. (Para 1 , 2 , 3) |
| 2. arguments on the nature of the dispute and allegations. (Para 4 , 5 , 6) |
| 3. opposition to quashing application based on criminal allegations. (Para 7 , 8) |
| 4. court's analysis on the civil nature of the dispute. (Para 9 , 10 , 11) |
| 5. citations from supreme court regarding inherent powers. (Para 12 , 13) |
| 6. court's decision to quash criminal proceedings as an abuse of process. (Para 14) |
| 7. final order allowing the application to quash. (Para 15) |
JUDGMENT :
Manoj Bajaj, J.
1.Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the impugned charge sheet under Section 173 (2) Cr.P.C. dated 24.3.2012, cognizance order dated 30.7.2012 passed by Additional Chief Judicial Magistrate-I, Sitapur and the entire proceedings of Criminal Case No. 2618 of 2011, titled State Vs. Anees Khan and others , arising out of Case Crime No. 156 of 2011, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Laharpur, District Sitapur.
2. Briefly, the facts leading to the petition are that on the basis of a written complaint given by Rakesh
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
Inordinate delay in filing of criminal proceeding amounts to abuse of process of law.
The court emphasized that the exercise of inherent powers under Section 482 Cr.P.C. should be sparingly and circumspectly exercised, and only in the rarest of rare cases.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
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