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1 - 10 of 20 (0.28 seconds)Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 420 in The Code of Criminal Procedure, 1973 [Entire Act]
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.
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.