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Kamaladevi Agarwal vs State Of West Bengal And Ors. on 17 October, 2001

The Court relied heavily on precedents like Kamaladevi Agarwal v. State of W.B. 5 and Trisuns Chemical Industry v. Rajesh Agarwal 6, to reiterate that criminal proceedings cannot be quashed merely because a civil dispute is also pending between the parties. In Kamaladevi Agarwal, it was categorically held that the pendency of civil proceedings does not justify quashing criminal proceedings, especially where the allegations disclose a prima facie criminal offence. The Court observed that many acts of cheating occur in the context of commercial or financial transactions, and such a "civil profile" does not strip the act of its "criminal outfit." Ultimately, the Hon'ble Supreme Court concluded that the High Court had erred in quashing the criminal proceedings, stressing that criminal cases must proceed as per the Cr.P.C. and 4 (2020) 14 SCC 552 5 (2002) 1 SCC 555 6 (1999) 8 SCC 686 16 cannot be halted solely due to parallel civil litigation, regardless of the status or authority of the civil forum.
Supreme Court of India Cites 23 - Cited by 178 - Full Document

Trisuns Chemical Industry vs Rajesh Agarwal And Others C on 17 September, 1999

The Court relied heavily on precedents like Kamaladevi Agarwal v. State of W.B. 5 and Trisuns Chemical Industry v. Rajesh Agarwal 6, to reiterate that criminal proceedings cannot be quashed merely because a civil dispute is also pending between the parties. In Kamaladevi Agarwal, it was categorically held that the pendency of civil proceedings does not justify quashing criminal proceedings, especially where the allegations disclose a prima facie criminal offence. The Court observed that many acts of cheating occur in the context of commercial or financial transactions, and such a "civil profile" does not strip the act of its "criminal outfit." Ultimately, the Hon'ble Supreme Court concluded that the High Court had erred in quashing the criminal proceedings, stressing that criminal cases must proceed as per the Cr.P.C. and 4 (2020) 14 SCC 552 5 (2002) 1 SCC 555 6 (1999) 8 SCC 686 16 cannot be halted solely due to parallel civil litigation, regardless of the status or authority of the civil forum.
Supreme Court of India Cites 8 - Cited by 593 - Full Document
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