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Supreme Court of India 2019-08-08 allowed

Commissioner of Police & Ors vs Devender Anand & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court allowed the police appeal and quashed the impugned High Court judgment and all criminal proceedings pending before the Magistrate. The case involved a criminal complaint filed based on a purely civil dispute concerning alleged cheating and dishonest delivery of property under Section 420/34 IPC. The Court held that initiating criminal proceedings to settle what is essentially a civil dispute constitutes abuse of the process of law. Such complaints cannot be entertained by the criminal court, and the Magistrate should decline to take cognizance. The Court quashed both the High Court's order and the underlying criminal proceedings."

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Criminal Procedure Abuse of Process Cheating Civil Disputes Cognizance

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