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CHHATTISGARH HIGH COURT
T. P. Sharma, J.
Rameshwar and Others v. Rajeshwar Prasad Sahu
| Table of Content |
|---|
| 1. explanation of initial civil suit leading to the criminal complaint. (Para 1 , 2 , 3) |
| 2. arguments posed regarding the maintainability of criminal proceedings. (Para 5 , 6) |
| 3. court's assessment on inconsistencies in the proceedings. (Para 10 , 12 , 14) |
| 4. conclusion on the dismissal of the petition. (Para 15) |
1. This is a petition under S.482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashment of criminal proceeding pending before the Court of Judicial Magistrate First Class, Surajpur in Criminal Complaint Case No. 364/2004 instituted at the instance of the respondent for the offence punishable under S.419, S.420, S.205, S.471, S.465, S.467, S.468, S.294, S.506 - B and 323 of the IPC against the petitioners.
2. Quashment of criminal proceeding is prayed on the ground that on the basis of same set of facts the alleged father of the complainant / respondent herein had filed a civil suit in the year 1998 and after lapse of more than three years from the date of alleged execution of sale deed, filing of criminal complaint relating to the act committed by the petitioners herein against deceased Purushottam in the year 1998, is only abuse of the
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