2000 (12) TMI 930

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....er dated 10th November, 1999 by which, in an Application under Section 482 of the CrPC, a criminal complaint has been quashed on the ground that the complaint spelled out civil wrong and continuance of the criminal prosecution would be an abuse of process of the court. 3. The complaint was that Respondents 2 to 10 had fraudulently got the father of the Complainant to execute a gift deed. On the....

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....ourt. 6. Mr. Sinha submitted that the Impugned Order was unsustainable. He submitted that facts make out a civil wrong as well as a criminal liability. He submitted that merely because civil action can be taken does not mean that a criminal complaint is not maintainable. In support of his submission he relied upon the case of Trisuns Chemical Industry v. Rajesh Agarwal and Ors. reported in 1999....

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....t has been held that where the allegations in the FIR do not constitute the alleged offence or where the offence is not disclosed in the complaint or the FIR the frivolous criminal litigation could be quashed. 8. There could be no dispute to the proposition that if the complaint does not make out an offence it can be quashed. However, it is also settled law that facts may give rise to a civil c....