Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal proceedings |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law – Code of Criminal Procedure, 1973 – s. 482 – Inherent powers – Scope of exercise of power for quashing the criminal proceedings: Held: The High Court ought to have quashed the criminal proceedings when it was apprised of the fact that the substance of the Criminal Complaint served only a cast of doubt on the validity of a commercial transaction and an appropriate civil remedy was already being pursued. [Para 17] Abuse of Law – Dispute essentially civil in nature, given a cloak of criminality – Circumstances:Held: Circumstances such as the Complainant/ Respondent No. 2 registering the FIR after the filing of the Civil Suit by the Accused/Appellants, the Complainant selectively implicating the Appellants in a Criminal case, the Complainant’s failure to contest the matter before this Hon’ble Court, and the bonafides of the Accused/Appellants in paying the rent before their alleged purchase of the Suit property, can be concluded as an attempt on the part of the Complainant to shroud a civil dispute with a cloak of criminality. [Para 15] |
Judge | N/A |
Neutral Citation | 2024 INSC 227 |
Petitioner | Dr Sonia Verma & Anr. |
Respondent | The State Of Haryana & Anr. |
SCR | [2024] 3 S.C.R. 673 |
Judgement Date | 2024-03-07 |
Case Number | 1433 |
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