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Friday, July 17, 2009

Whenever Civil dispute is there subsequent initation of criminal proceedings can be quashed by filing Crl.petition.u/s 482 of Cr.P.C.

Civil dispute and filed criminal case for quashing of criminal case against the petitioner.
The petitioner purchased a plot by way of registered sale deed. Right from the date of purchase of the said plot he is in possession and enjoyment of the property and in that he is running catering business. While so, all of sudden one person claimed the same plot that it is belongs to him and asked to vacate the premises otherwise he has to face dire consequences. Immediately the petitioner approached to the police and the police did not respond the same. Thereafter the petitioner approached to Criminal Court under section 200 of Cr.P.C by way of private complaint and requested the court to direct the police authority to take action and conduct an inquiry in the matter. The police authority conducted an enquiry and registered as crime against that person. But no further action taken. The claiming person approached to the police authority and the authority registered a crime against the petitioners. Thereafter the petitioners were produced before the court and remanded to the judicial custody and bails were granted. After obtaining the bail the petitioners filed a civil suit O.S. and obtained an interim injunction against the culprit (claiming person) and still it is pending before the Hon'ble Magistrate court. Thereafter the petitioners approached to the Hon’ble High court of A.P. requesting the Court to direct the police authority not to interfere in the civil dispute. The Hon’ble High Court of A.P after conducting the through inquiry and while disposing the W.P. directing the police authorities not to harass the petitioners unnecessarily and interfere with their civil disputes without due process of law. While matter stood thus, again the petitioners filed quash proceedings Crl.P. U/s 482 of Cr.P.C. before the Hon’ble High Court requesting the court, to quash the alleged registered Crime against them, the Hon’ble High Court after hearing the case, found that there is prima-facie and granted stay of all further proceedings including the personal appearance before Magistrate and Main case is pending before the Hon’ble High Court

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