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SUJANA KALASIKAM
Mohd. Akber – Appellant
Versus
State of Telangana – Respondent
ORDER :
(Sujana Kalasikam, J.)
1. Since the issue involved in both the criminal petitions is one and the same, they are being heard and disposed of together by way of this common order.
2. These Criminal Petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos. 1, 2, 4, 5, 6, 9, 10, 11, 12 and 13 in Crime No.99 of 2015 of Mir Chowk Police Station, Hyderabad, registered for the offences punishable under Sections 468, 471, 420, 506, 120(B) read with Section 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and 156 (3) of Cr.P.C.
3. The brief facts of the cases are that respondent No.2/de facto complainant, who is one and the same in both the cases, filed a private complaint under Section 200 of Cr.P.C before the learned VIII Additional Chief Metropolitan Magistrate, Hyderabad stating that he is the absolute owner and possessor of the house bearing No.12-2-64, admeasuring 152.9 square yards, situated at Muradnagar, Hyderabad. He purchased the said property by virtue of registered sale deed for a valuable sale consideration from its owners. On 18.12.2012, when accused Nos. 1 to 3 ap
Criminal proceedings can coexist with civil disputes, and the transfer of investigation is lawful under judicial precedents.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
The court emphasized the need for sound and reasonable material, the ruling out of factual assertions, and the prevention of abuse of process of law in exercising the power under Section 482 Cr.P.C. ....
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 maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The court established that quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
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