Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2012 (12) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2012 (12) TMI 1219 - SC - Indian Laws


Issues Involved:
- Quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure
- Determining whether the dispute is civil or criminal in nature
- Abuse of process of law and ends of justice

Analysis:

Issue 1: Quashing of Criminal Proceedings under Section 482 of the Code of Criminal Procedure
The Appellant, along with other accused, filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash criminal proceedings against them. The High Court dismissed the petition, leading to the appeal in the Supreme Court. The Supreme Court granted leave and proceeded to analyze the facts and legal arguments presented before it.

Issue 2: Determining Whether the Dispute is Civil or Criminal in Nature
The complaint filed by Respondent 2 alleged various offenses under the Indian Penal Code against the Appellant and other accused. However, upon examination, the Supreme Court found that the core issue revolved around a civil dispute regarding the profit of a business and ownership matters. The Court observed that the complaint primarily involved allegations related to a civil transaction, such as non-disclosure of business accounts and disputes over a written agreement. The Court noted that the pending civil suit between the parties would adequately address these civil issues.

Issue 3: Abuse of Process of Law and Ends of Justice
The Supreme Court emphasized the importance of ensuring that criminal proceedings are not misused to address civil disputes. It highlighted that the power under Section 482 of the Code of Criminal Procedure should be exercised judiciously to prevent abuse of the court's process and to serve the ends of justice. In this case, the Court concluded that continuing the criminal proceedings would amount to an abuse of the legal process, especially considering that the Appellant had already been acquitted in a previous case and had handed over possession of the disputed shop to Respondent 2.

In conclusion, the Supreme Court set aside the High Court's order and quashed the criminal proceedings against the Appellant and other accused. The Court clarified that this decision would not affect the pending civil suit between the parties, which would be independently adjudicated by the relevant court. The judgment underscored the need to distinguish between civil and criminal disputes and to prevent the misuse of criminal proceedings in cases primarily involving civil matters.

 

 

 

 

Quick Updates:Latest Updates