All. HC: Police Protection Ordered for a Man Involved in a Live-in Relationship With a Transwoman  ||  Del. HC: Donor/Recipient to be Informed Via WhatsApp/Email about Deficie. in Organ Transplant Docs.  ||  All. HC: Juris. While Dealing With S.34 App. Can’t be Disputed by Party Filing S.9 App. in One Court  ||  SC: Can’t Deny Permanent Status to Workmen Who Worked Without Interruption for 480 Days in 24 Months  ||  SC: Jharkhand CM Hemant Soren's Withdraws Petition Challenging His Arrest by ED  ||  Del. HC Quashes Order Upholding Arbitral Award Directing SpiceJet to Pay ?270 Cr. to Kalanithi Maran  ||  Ker. HC: Right of Accused to Seek Speedy Testing of Seized Drugs/Substances Under NDPS Rules, 2022  ||  P&H HC: Conviction of Wife for Killing Minor Son Amounts to Cruelty; Grant of Divorce Upheld  ||  Supreme Court: If the Presence of Litigant is Required, Courts Should Allow Them to Appear Virtually  ||  SC: PwD Allowed to Attend Interview if They Have Got Minimum Marks Prescribed For SC/ST Categories    

Mamta Gupta Vs. State of MP and Ors. - (High Court of Madhya Pradesh) (24 Jan 2022)

Criminal complaint cannot be quashed only on the basis that the allegations made therein appear to be of a civil nature

MANU/MP/0143/2022

Criminal

By invoking the inherent power of this Court, the instant petition has been preferred by Petitioner- a under Section 482 of Code of Criminal Procedure, 1973 (CrPC) seeking relief for quashment of FIR registered at Police Station for offence under Section 447 of Indian Penal Code, 1860 (IPC) as well as charge sheet & other subsequent criminal proceedings pending before the Court of CJM.

The Hon'ble Apex Court in the matter of S. Khushboo vs. Kanniammal has observed that, in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd. this Court observed that a criminal complaint or a charge-sheet can only be quashed by superior courts in exceptional circumstances, such as when the allegations in a complaint do not support a prima facie case for an offence.

It is well-established principle of law that, a civil proceeding as also a criminal proceeding may go on simultaneously and no statute puts an embargo in relation thereto. A decision in a criminal case is not binding on the civil court. If primacy is given to a criminal proceeding, indisputably, civil suit must be determined on its own keeping in view the evidence which has been produced on record before it and not in terms of the evidence brought in the criminal proceeding. Pendency of civil suit has no relevancy in the criminal proceedings, therefore, both civil proceedings and criminal proceedings can proceed simultaneously.

Criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If ingredients of offence alleged against the petitioner-accused prima facie make out in complaint/FIR, then the criminal proceeding shall not be interdicted. Allegation against Petitioner is of encroachment upon the Government land, therefore, the alleged offence has been registered. Accordingly, this Court is of the considered opinion that no case is made out warranting quashment of charges framed against Petitioner. Petition dismissed.

Tags : QUASHMENT   CHARGES   GRANT  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved