In Brief
The appellants, trustees of a personal estate, had entered into agreements to sell property to the respondent and his brother. After the respondent withdrew a pending suit for specific performance and received back the full consideration amount, he filed criminal complaints alleging fraud. The appellants sought to quash the complaints as an abuse of process. The High Court dismissed the writ petition citing procedural bars. The Supreme Court held that once the respondent had explicitly given up his rights under the agreements and received full refund, continuing criminal proceedings based on the same transaction was an abuse of law. The complaint was quashed.
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