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Allahabad High Court says criminal cases masking civil ones should be quashed

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The Lucknow Bench of the Allahabad High Court, while passing an order, observed that in several cases, it has been held that essentially civil disputes have been given the cloak of criminal offence, the Court should quash criminal proceedings to prevent abuse of the process.

A single-judge bench of Justice Dinesh Kumar Singh heard the petition filed by Anil Kumar Tiwari.

The petition under Section 482 CrPC has been filed seeking quashing of the proceedings of FIR/Case under Sections 420, 406, 504, 506 IPC, Police Station Gazipur, District Lucknow pending in the Court of the Special Chief Judicial Magistrate, Custom, Lucknow, impugned charge-sheet dated 24.11.2018, cognizance order dated 02.01.2019.

Chandan Srivastava, the counsel for the petitioner, submitted that the FIR in question has come to be registered allegedly for non-performance of agreement to sale dated 30.08.2012.

He further submitted that the complainant himself has not honoured the agreement in as much as he gave two cheques of Rs 5,00,0000 and Rs 10,00,000 which got dishonored for stop payment and second one for self due as well as account payee.

It has been further said that the complainant has filed a Civil Suit along with an application under Order XXXIX Rule 1 and 2 for temporary injunction.

Civil Judge vide detailed order dated 11.03,2013 has dismissed the said application.

The Court found that the dispute between the parties is essentially civil in nature in respect of agreement to sale dated 03.08.2012. In several cases, it has been held that disputes which are essentially of civil nature and have been given cloak of criminal offence, the Court should quash the criminal proceedings to prevent abuse of the process of the Court.

Considering the conduct of the respondents himself as well as case pertains to civil dispute in respect of the performance of agreement dated 30.08.2012, the Court finds substance in the submissions of Chandan Srivastava, counsel for the petitioner.

The Court observed that the continuance of the impugned proceedings would be an abuse of the process of the Court.

“The impugned proceedings of FIR/Case under Sections 420, 406, 504, 506 IPC, Police Station Gazipur, District Lucknow pending in the Court of the Special Chief Judicial Magistrate, Custom, Lucknow, impugned charge-sheet dated 24.11.2018, cognizance order dated 02.01.2019 are hereby quashed,” the Court ordered.

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