criminal law misuse - The Legal Chamber

The Supreme Court reiterated that criminal proceedings which are manifestly mala fide or constitute an abuse of the legal process are liable to be quashed under Section 482 of the Cr.P.C. It emphasized that criminal law cannot be invoked to settle purely civil disputes or for wreaking vengeance, applying the principles established in State of Haryana v. Bhajan Lal. The Court allowed the appeal and quashed the FIR and charge sheet. Facts Of The Case: The appellant, Anukul Singh, became embroiled in a criminal prosecution originating from a property dispute. His father had purchased a piece of land, and after objecting to the performance of Qurbani (animal sacrifice) on it, the appellant alleged harassment from local authorities and the Shaher Imam. Subsequently, eight FIRs were register...

The Supreme Court quashed an FIR alleging offences under Sections 60(b), 316(2), and 318(2) of the Bharatiya Nyaya Sanhita, 2023, holding that the dispute was purely civil in nature. The Court reiterated that criminal proceedings cannot be used to enforce monetary claims and emphasized that cheating requires dishonest intent from inception. Criticizing the High Court's mediation order directing upfront payment, the SC ruled that such disputes must be resolved through civil remedies, not criminal prosecution. The judgment reaffirmed the principles laid down in State of Haryana v. Bhajan Lal and Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh to prevent abuse of criminal law in commercial disputes. Facts Of The Case: The case involves a criminal appeal filed by Shatlesh Kumar Singh, ...

Tag: criminal law misuse

Supreme Court Quashes FIR in Land Dispute, Decries Criminalization of Civil Disputes

Supreme Court Quashes FIR in Civil Dispute: No Cheating Without Criminal Intent