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Checking relevance for Technofab Engineering Ltd. VS Bengal Mills Stores Supply Co. ...
2016 0 Supreme(SC) 1538 : The court emphasized that a civil dispute arising out of breach of contract could also amount to cheating, but ultimately quashed criminal proceedings when it found the dispute between the parties was purely of a civil nature involving breach of contract. The court highlighted the need to discourage the growing tendency to convert civil disputes into criminal cases and stressed that the power to quash should not be used to stifle a legitimate prosecution, but must be exercised to prevent abuse of process by transforming civil matters into criminal proceedings.Checking relevance for Govind Prasad Kejriwal VS State of Bihar...
2020 2 Supreme 54 : A purely civil dispute cannot be given a colour of criminal dispute. If criminal proceedings are initiated in a matter that is purely civil in nature, or if a civil dispute is attempted to be converted into a criminal matter, such initiation constitutes an abuse of the process of law and the court. In such cases, the court has the power under Section 482 of the Cr.P.C. to quash the criminal proceedings. The court emphasized that even when allegations in a complaint are taken as true, if no ingredients of the alleged offences under Sections 323, 341, and 379 of the IPC are satisfied, continuing the criminal proceedings would amount to an abuse of process. Therefore, where the dispute is purely of a civil nature, it should not be given the colour of criminal proceedings, and the same should be quashed.Checking relevance for RANDHEER SINGH VS STATE OF U. P. ...
2021 0 Supreme(SC) 664 : The legal document explicitly states that a dispute of civil nature may be given a criminal texture, and in such cases, the High Court should not hesitate to quash criminal proceedings. It emphasizes that the court must examine whether a civil dispute has been clothed in criminal allegations, and if so, the criminal proceedings may be quashed to prevent abuse of the process of law and to secure the ends of justice. This directly supports the principle that civil nature cases should not be given the colour of criminal proceedings, which can lead to quashing of criminal cases when no criminal offence is made out.Checking relevance for SAU. KAMAL SHIVAJI POKARNEKAR VS STATE OF MAHARASHTRA...
2019 6 Supreme 474 : Criminal complaints cannot be quashed only on the ground that allegations made therein appear to be of a civil nature. If the allegations in the complaint prima facie disclose ingredients of an offence under the Indian Penal Code, criminal proceedings should not be interdicted, even if the underlying dispute has civil characteristics. The Magistrate''''s role at the stage of taking cognizance is limited to determining whether a prima facie case exists, not whether the allegations will ultimately lead to conviction. Therefore, a complaint should not be dismissed or quashed merely because it arises from a civil dispute, provided that the allegations, when read on oath, disclose a criminal offence.Checking relevance for Pramod Kumar Agrawal VS State of Madhya Pradesh...
2021 0 Supreme(SC) 400 : The court held that FIRs arising from family disputes with a predominantly civil nature should not be treated as criminal proceedings of societal significance, especially when the parties—being close relatives—have settled their dispute, withdrawn the civil suit, and even sold the property in question. The court emphasized that in such cases, continuing criminal proceedings would be an exercise in futility and contrary to the interest of justice. It affirmed that the High Court has inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash criminal proceedings where the dispute is essentially civil in nature, the parties have compromised, and there is no realistic prospect of conviction. The court explicitly rejected the notion that criminal proceedings should be maintained merely because they are framed under penal sections, stating that the nature and gravity of the crime must be considered, and that offences arising from family disputes, particularly those with a private or personal character, fall within the category where quashing is appropriate upon compromise.
