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Supreme Court of India 2024-02-19 allowed

DEEPAK KUMAR SHRIVAS & ANR vs STATE OF CHHATTISGARH & ORS

Bench: 2 — Vikram Nath, Satish Chandra Sharma

In Brief

The Supreme Court quashed criminal proceedings against the appellants, finding that an FIR lodged for recovery of money from an unlawful contract for securing employment was an abuse of process. Both parties had engaged in unethical conduct involving payment for job placements, with competing claims. The respondent, unable to pursue civil recovery due to the void nature of the transaction, weaponised criminal law three years after a prior inquiry, without explanation for the delay. The Court held that police should not divert resources to investigate such disputes between private parties and should exercise heightened vigilance against using criminal prosecution as an instrument of coercion or extortion.

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Criminal Procedure Abuse of Process Employment Fraud Cheating and Dishonesty Quashing of FIR Police Powers and Discretion Mala Fide Unlawful Contracts

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