Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Quashing of criminal proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950 - Articles 136 & 142 - Quashing of criminal proceedings, when warranted - Bar on trial when abuse of process of court - Duty and obligation of the criminal court to exercise great deal of caution in issuing process, particularly when matters are essentially of civil nature - Held: In the instant case, neither the High Court nor the Magisterial Court ever applied their mind and considered the conduct of the complainant and continuance of criminal proceedings in respect of the disputes, which were civil in nature and finally adjudicated by the competent authority i.e. the Company Law Board and the High Court in appeal - The complainant indulged in repeated harassment of the accused persons by initiating multiple criminal proceedings in order to distract attention from his own misdeeds - The complainant manipulated and misused the process of Court so as to deprive the accused party from their basic right to move free anywhere inside or outside the country - It would be unfair if the accused were to be tried in such criminal proceedings arising out of alleged breach of a Joint Venture Agreement especially when such disputes have been finally resolved by the Court of competent jurisdiction - Hence, allowing the criminal proceedings to continue would be an abuse -of the process of the Court and, therefore, for the ends of justice such proceedings ought to be quashed - Code of Criminal Procedure, 1973 - s.482. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 334 |
Petitioner | Chandran Ratnaswami |
Respondent | K.c. Palanisamy And Others |
SCR | [2013] 17 S.C.R. 853 |
Judgement Date | 2013-05-09 |
Case Number | 4540 |
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