Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal Proceedings Should Not Become Weapons Of Harassment

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Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal Proceedings Should Not Become Weapons Of Harassment

Case: Randheer Singh vs. State of UP

Coram: Justices Indira Banerjee and JK Maheshwari

Case no.: CrA 932 OF 2021

Court Observation: There can be no doubt that jurisdiction under Section 482 of the Cr.P.C. should be used sparingly for the purpose of preventing abuse of the process of any court or otherwise to secure the ends of justice. Whether a complaint discloses criminal offence or not depends on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not has to be judged by the High Court. There can be no doubt that a complaint disclosing civil transactions may also have 18 a criminal texture. The High Court has, however, to see whether the dispute of a civil nature has been given colour of criminal offence. In such a situation, the High Court should not hesitate to quash the criminal proceedings as held by this Court in Paramjeet Batra (supra) extracted above. 34. The given set of facts may make out a civil wrong as also a criminal offence. Only because a civil remedy is available may not be a ground to quash criminal proceedings. But as observed above, in this case, no criminal offence has been made out in the FIR read with the Charge-Sheet so far as this Appellant is concerned. The other accused Rajan Kumar has died.

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