The Supreme Court held that in the absence of criminality, allowing both civil and criminal proceedings on the same issue amounts to abusing the power of law.
The court observed that where civil proceedings were already instituted concerning the same issue and no criminal intent is evident, the proceedings must be quashed.
The bench quashed criminal proceedings filed alongside a civil suit for specific performance involving a property dispute.
The court noted that the FIR was filed only after the property's market value increased and lacked prima facie criminal intent. The appeal was accordingly allowed and the FIR quashed.
[S.N.Vijayalakshmi & Ors V State of Karnataka & Anr.]
IshitaBookmark