Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - FIR - Quashing of - FIR against appellant complaining that he had committed offences under ss.406, 420 and 506(1) of IPC - Complainant stated that he had got in touch with the appellant so as to extend the benefit of Appellant's Channel "God TV" to his other brethren residing at Ahmedabad - For the said purposes, he had met the owner of Siti Cable in Ahmedabad and negotiated a settlement for Rs. 10 lacs on behalf of the Appellant's Company as the fee to be paid to Siti cable by Appellant for telecast of channel "God TV" in Ahmedabad - . Grievance of the Complainant that despite the telecast of "God TV", the Appellant, as promised, failed to pay a sum of Rs. 10 lacs to the owners of Siti cables - Held: The matter appears to be purely civil in nature - There appears to be no cheating or a dishonest inducement for the delivery of property or breach of trust by the appellant - A purely civil dispute, is sought to be given a colour of a criminal offence to wreak vengeance against the Appellant - The case in hand does not fall in that category where cognizance of the offence could have been .taken by the court, at least after having gone through the FIR, which discloses only a civil dispute - The Appellant cannot be allowed to go through the rigmarole of a criminal prosecution for long number of years, even when admittedly a civil suit has already been filed against the Appellant and Complainant and is still subjudice - Also the complainant has not been able to show that at any material point of time there was any contract, much less any privity of contract between the Appellant and Complainant - There was no cause of action to even lodge an FIR against the Appellant as neither the Complainant had to receive the money nor he was in any way instrumental to telecast "God TV" in the central areas of Ahmedabad - He appears to be totally a stranger to the same - Appellant's prosecution would only lead to his harassment and humiliation, which cannot be permitted in accordance with the principles of law - The prosecution of the Appellant for commission of the alleged offences would be clear abuse of the process of law - The FIR under the circumstances deserves to be quashed at the threshold and all criminal proceedings emanating therefrom also stand quashed - Penal Code, 1860 - ss.406, 420 and 506(1). |
Judge | Hon'ble Mr. Justice Deepak Verma |
Neutral Citation | 2011 INSC 441 |
Petitioner | Joseph Salvaraj A. |
Respondent | State Of Gujarat & Ors. |
SCR | [2011] 8 S.C.R. 815 |
Judgement Date | 2011-07-04 |
Case Number | 1251 |
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