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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
Mohammad M. Khalid, HYD – Appellant
Versus
P.P., Hyd – Respondent
| Table of Content |
|---|
| 1. ownership and development agreement details (Para 3) |
| 2. petitioners assert civil nature of dispute (Para 4) |
| 3. respondent's claims of dishonesty against petitioners (Para 5) |
| 4. investigation necessity due to disputed facts (Para 6 , 7 , 8) |
| 5. civil proceedings do not bar criminal prosecution (Para 9) |
| 6. judicial restraint in quashing firs and overlaps of civil and criminal contexts (Para 10 , 11 , 12) |
| 7. no grounds to quash proceedings, but procedural adherence required (Para 13 , 14) |
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioners, who are arrayed as accused Nos.1 to 3, seeking to quash the proceedings in Crime No.160 of 2014 of Habeebnagar Police Station, Hyderabad, registered for the offences punishable under Sections 406 and 420 r/w 34 of the INDIAN PENAL CODE , 1860 (for short ‘IPC’).
2. Heard Sri D.Prakash Reddy, learned Senior Counsel, representing Ms. Vladimeer Khatoon, learned counsel for the petitioners, Sri S.Someshwar Rao, learned counsel for respondent No.2/de facto complainant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor,
The coexistence of civil and criminal proceedings is permissible if allegations indicate a prima facie criminal offence, and mere prior civil disputes do not preclude criminal action.
The presence of civil proceedings does not negate the possibility of criminal prosecution where allegations indicate criminal intent and actions, confirming that criminal and civil cases may proceed ....
The court ruled that ongoing civil litigation does not preclude criminal prosecutions where sufficient evidence indicates dishonest intent constituting an offence under Section 420 IPC.
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