Criminal petition filed to quash proceedings in CC.No.295 of 2011 under IPC Sections 406 and 420. Court held the dispute was purely civil in nature and quashed the criminal proceedings to prevent abuse of process of law.
Criminal petition allowed and proceedings in CC.No.295 of 2011 quashed.
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SMT JUSTI CE T. RAJANI
CRI MI NAL PETI TI ON No.9 7 3 8 of 2 0 1 1
ORDER:
This criminal petition is filed for quash of the proceedings in CC.No.295 of 2011, against the petitioner, who is A2, on the file of the Judicial First Class Magistrate, Armoor, Nizamabad. The offences alleged are under Sections 406 and 420 of the Indian Penal Code.
2
In the light of the above, the criminal petition is allowed and the proceedings in CC.No.295 of 2011, against the petitioner, who is A2, on the file of the Judicial First Class Magistrate, Armoor, Nizamabad, are hereby quashed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.
__________
T. RAJANI, J
October 25, 2018
DSK
2 issues framed by the court
Whether the criminal proceedings should be quashed as they arise from a purely civil dispute.
Whether continuation of proceedings would amount to abuse of process of law.
SMT JUSTI CE T. RAJANI
Complainant
Second Respondent
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
