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Supreme Court of India 2020-01-31 allowed

GOVIND PRASAD KEJRIWAL vs THE STATE OF BIHAR

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

The appellant, a partner's son in a film business, was accused in a private complaint of theft, wrongful restraint, and criminal intimidation allegedly arising from disputed removal of cinema equipment and documents after surrender of a business licence. The complaint originated from partnership disputes with allegations of conspiracy. The Supreme Court allowed the appeal, finding the proceedings were an abuse of process seeking to criminalize a civil matter. Since the complainant was not a partner, the accusations lacked criminal ingredients under the relevant sections, and prior FIRs and dismissed civil suits confirmed the dispute's civil nature, the Court quashed the criminal proceedings under Section 482 CrPC.

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Criminal Procedure Abuse of Process Civil-Criminal Divide Discharge Partnership Disputes Quashing of Proceedings

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