Tag: CrPC Section 482

Supreme Court Clarifies Limits of Section 482 CrPC Powers :High Courts Can’t Revive Quashed FIRs After Compromise
Supreme Court

Supreme Court Clarifies Limits of Section 482 CrPC Powers :High Courts Can’t Revive Quashed FIRs After Compromise

The Supreme Court ruled that High Courts cannot revive quashed FIRs under Section 482 CrPC after parties have reached a lawful compromise, emphasizing the absolute bar under Section 362 CrPC against reviewing judgments except for clerical errors. It clarified that inherent powers cannot override statutory prohibitions, allowing recall only in cases of jurisdictional errors or abuse of process. The judgment reaffirmed that violation of compromise terms must be addressed through civil remedies, not criminal proceedings. The Court directed all High Courts to adhere to this settled legal position. Facts Of The Case: The case originated from a property dispute in Haryana, where an FIR (No. 432/2014) was registered under Sections 406 and 420 IPC against Raghunath Sharma and others for alleged ...
Civil Dispute, Not Crime: SC Quashes FIR Against Businessman Calls It a Contract Issue
Supreme Court

Civil Dispute, Not Crime: SC Quashes FIR Against Businessman Calls It a Contract Issue

The Supreme Court quashed an FIR alleging cheating (Section 420 IPC) and criminal breach of trust (Section 406 IPC), holding that unpaid export transactions constituted a civil dispute, not a criminal offense. The Court emphasized that mere breach of contract, without dishonest intent at inception, cannot attract criminal liability. It ruled that the exporter (M/s. Oswal Overseas), not the accused, was the entrusted party, and the complainant failed to establish fraudulent inducement or entrustment under Sections 405/415 IPC. The judgment reaffirmed that criminal proceedings cannot remedy purely contractual disputes. Facts Of The Case: The case involved a business dispute between Ashok Kumar Jain (appellant), director of a Sri Lankan export-import firm, and a Gujarat-based textile trader...