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Supreme Court of India 2019-02-15 allowed

Prof R.K. Vijayasarathy & Anr vs Sudha Seetharam & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A son transferred Rs 20 lakhs to his wife's mother's bank account for asset protection during legal proceedings abroad. Years later, the money was returned to the son at his request. The mother-in-law (respondent) filed a criminal complaint against the son's parents (appellants) for criminal breach of trust and cheating. The appellants sought to quash the proceedings. The Supreme Court held that the complaint lacked the essential ingredients of the alleged offences: no property was entrusted to the appellants, and the appellants did not dishonestly induce delivery of any property. The complaint merely cloaked a civil money dispute with criminal charges. The Court quashed the proceedings as an abuse of process.

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Criminal Procedure Criminal Law Abuse of Process Criminal Breach of Trust Cheating Inherent Powers

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