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Sanjeev Agrawal vs The State Of Madhya Pradesh on 21 February, 2023 cites

Mahesh Choudhary vs State Of Rajasthan & Anr on 3 March, 2009

Whether essential ingredients of criminal offence are present or not has to be judged by the High Court. A complaint disclosing civil transactions may also have a criminal texture. But the High Court must see whether a dispute which is essentially of a civil nature is given a cloak of criminal offence. In such a situation, if a civil remedy is available and is, in fact, adopted as has happened in this case, the High Court should not hesitate to quash criminal proceedings to prevent abuse of process of court. 17- Judgments passed in C.B.I Vs K.M Sharan reported in 2008(4) SCC 471 & in Mahesh Choudhary Vs State of Rajasthan reported in 2009(4) SCC 439 also talks about the principles and scope of the inherent power under Section 482 Cr.P.C. to quash charge-sheet and held that the High Court is not supposed to "embark upon the inquiry whether the allegations in FIR and the charge-sheet were reliable or not and thereupon to render definite finding about truthfulness or veracity of the allegations" High Court should have limited its considerations to "... Whether allegations made in the FIR and the charge-sheet taken on their face value and accepted in their entirely would prima facie constitute an offense for making out a case against the accused"
Supreme Court of India Cites 10 - Cited by 131 - S B Sinha - Full Document
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