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Supreme Court of India 2019-07-31 dismissed

Chilakamarthi Venkateswarlu & Anr vs State of Andhra Pradesh & Anr

Bench: 2 — Indira Banerjee

In Brief

The appellants sought to quash criminal proceedings arising from allegations that they caused injuries, threatened to kill, and damaged property belonging to a relative with whom they were involved in a partition dispute. The High Court rejected their petition, finding that the allegations disclosed criminal offences. The Supreme Court dismissed the appeal, holding that the power to quash under Section 482 CrPC is exercised only in rare cases where no material exists to proceed against the accused even if allegations are accepted as true. Questions of fact concerning false implication must be determined at trial, not at the petition stage. Civil disputes do not justify quashing criminal proceedings if criminal offences are established.

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Criminal Procedure Inherent Powers of Court Section 482 CrPC Quashing of Proceedings Criminal Offences Abuse of Process

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