The Supreme Court says in Naresh Kumar & Anr. v The State of Karnataka & Anr [2024 INSC 196] that the High Court should not hesitate in quashing such criminal proceedings which are essentially of a civil nature.
The SC relied on the judgement in Paramjeet Batra v. State of Uttarakhand [(2013) 11 SCC 673]. A complaint disclosing civil transactions may also have a criminal texture.
The SC judgement states that 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 the criminal proceedings to prevent abuse of process of the court.”
An earlier judgement in Usha Chakraborty & Anr. v State of West Bengal & Anr also relied on the Paramjeet Batra judgement which indicates that it is a settled matter.
References
- Naresh Kumar & Anr v The State of Karnataka & Anr [2024 INSC 196].
- Paramjeet Batra v State of Uttarakhand [(2013) 11 SCC 673].
- Usha Chakraborty & Anr. v State of West Bengal & Anr.
