essentially

The Supreme Court reiterated that the High Court should cancel the prosecution on the basis of criminal complaints generated from civil transactions using its inherent power. The court said the example, referring to Paramjit Batra vs Uttarakhand State (2013) 11 SCC 673, "... Although the underlying powers of the High Court should be used in a restrained manner under Section 482 of the Criminal Procedure Code. Nevertheless, the High Court should not hesitate to cancel such criminal proceedings, which are essentially of civil nature." A division bench of Justice Sudhanshu Dhulia and Justice PB Varlet reversed the High Court's decision, saying that the criminal case arising out of civil transactions against the accused, can cancel the action arising from the High Court Civil Transactions, as the procedure would be misused due to the absence of criminal intentions. The High Court, in its judgment, refused to cancel the pending criminal case against the appellant/accused. The decision written by Justice Sudhanshu Dhulia said,

The High Court should not hesitate to cancel those criminal proceedings that are essentially of civil nature: Supreme Court

Amit Kapoor4 weeks ago4 weeks ago01 mins

The Supreme Court reiterated that the High Court should cancel the prosecution on the basis of criminal complaints generated from civil transactions using its inherent power.

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The High Court should not hesitate to cancel those criminal proceedings that are essentially of civil nature: Supreme Court