Saturday, December 25, 2021

Criminal complaints cannot be quashed only on ground that the allegations made therein appear to be of civil nature- Karnataka High Court.

Criminal Procedure Code, 1973 Section 482 Case registered against petitioners for offence punishable under Sections 120B, 406, 415, 418 and 420 read with Section 34 of Indian Penal Code Prayer for quashing of FIR - Complaint is %3D specific that with dishonest intention, the MSA was entered into between the parties Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of civil nature If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted - There was MSA between the parties and also an agreement between the parties - No doubt, there is a clause to withhold the amount- Questionarose whether there was dishonest intention at the inception of the entering into question has to be probed by the IO contract - Said if the complaint prima facie discloses the cognizable offence and hence, once the cognizable offence is found in the allegations made in the complaint, the IO has to be probe the matter as established under law - Present petition accordingly dismissed
LMASLFD.

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