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ANAND PATHAK
Shrichand Bhau S/O Gulab Rai – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Anand Pathak, J.
The present petition under section 482 of Code of Criminal Procedure, 1973 is preferred at the instance of petitioners/accused seeking following reliefs :
2. Through this petition, petitioners are seeking quashment of FIR which was registered against them on 7-7-2021 vide Crime No. 319/2021 for the alleged offence under section 420, 467, 468, 471, and 34 of IPC. For last more than 2 years, investigation is pending and charge-sheet has not been filed.
3. As per FIR, period of offence oscillates between 12-5-1987 to 31-12-2020. On 7-7-2021 one application was filed by Hukumchand Balecha S/o Shri Surajmal Balecha (respondent No. 2 herein) with the allegations that Surajmal Balecha was owner of survey No. 1537/2, 1538/2, 1540/1 situate at Vidisha and loan was obtained on 18-4-1978 by Surajmal Balecha from State Bank of India for the purpose of purchasing the property. Th
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....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The court affirmed that ongoing investigations by CID Crime are valid despite no FIR being registered, emphasizing that courts should not interfere unless exceptional circumstances arise.
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 ....
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 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.
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
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....
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