• Kamlesh Kumari Vs. State of Uttar Pradesh

  • Head Notes

    • Complainant Favoring Judgment- Quashing of criminal prosecution – Disallowed- Even If Allegation Discloses A Civil Dispute, Same By Itself May Not Be A Ground To Hold That Criminal Proceedings Should Not Be Allowed To Continue- Criminal Procedure Code, 1973 - Section 482 - Ground of allegation revealing civil dispute, scope - Respondent No. 2 lodged FIR under Sections 420, 504 and 506 IPC, against appellant, her daughter and son, stating that they agreed to sell land, for a consideration of Rs.51,75,000/-, but, even after accepting a total sum of Rs.42,00,000/- (in several instalments) they did not execute sale deed - After investigation, charge-sheet was filed, and Investigating Officer stated that an amount of Rs.42,00,000/- in several instalments was paid by respondent No. 2 to appellants, which appellants appeared to have dishonestly retained with them - By impugned order, High Court dismissed Criminal Misc. filed by appellants, challenging proceedings of criminal case - Held, even if allegation discloses a civil dispute, same by itself may not be a ground to hold that criminal proceedings should not be allowed to continue - No illegality with impugned order passed by High Court to quash criminal proceedings against appellants in exercise of power under Section 482 Cr.P.C. - Appeal dismissed - Penal Code, 1860 - Sections 420, 504 & 506 - Quashing of FIR under.- R. Kalyani Vs. Janak C. Mehta & others, (2009) 1 SCC 516, Relied on.- Ram Biraji Devi & another Vs. Umesh Kumar Singh & another, (2006) 6 SCC 669, Distinguished on facts- Para 11 & 12-  Citation- Kamlesh Kumari Vs. State of Uttar Pradesh- Criminal Appeal No. 740/2015, Judgment Dated- 01.05.2015, Bench- Dipak Misra, J.: Prafulla C. Pant, J.Citation- 2015(6) SCALE 77. 
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