Naresh Kumar vs State Of Karnataka 2024 INSC 196 – S 482 CrPC – Quashing Of Criminal Proceedings Essentially Of Civil Nature

Code of Criminal Procedure, 19973; Section 482- Though inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature -Where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising 8 the inherent powers under Section 482 of the Code of Criminal Procedure Referred to Paramjeet Batra v. State of Uttarakhand (2013) 11 SCC 673- Randheer Singh v. State of U.P. (2021) 14 SCC 626 and Usha Chakraborty & Anr. v. State of West Bengal & Anr. 2023 SCC OnLine SC 90. (Para 5-6)- Indian Penal Code, 1860; Section 415-420– A mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case – Referred to Sarabjit Kaur v. State of Punjab and Anr. (2023) 5 SCC 360 – Every breach of contract would not give rise to the offence of cheating, and it is required to be shown that the accused had fraudulent or dishonest intention at the time of making the promise Vesa Holdings (P) Ltd. v. State of Kerala, (2015) 8 SCC 293. (Para 7) [In this case, quashing the criminal proceedings, SC observed: The dispute between the parties was not only essentially of a civil nature but in this case the dispute itself stood settled later as we have already discussed above. We see no criminal element here and consequently the case here is nothing but an abuse of the process.

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