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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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PROF R K VIJAYASARATHY & ANR vs. SUDHA SEETHARAM & ANR

SCR Citation: [2019] 2 S.C.R. 185
Year/Volume: 2019/ Volume 2
Date of Judgment: 15 February 2019
Petitioner: PROF R K VIJAYASARATHY & ANR
Disposal Nature: Appeal Allowed
Neutral Citation: 2019 INSC 216
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: SUDHA SEETHARAM & ANR
Case Type: CRIMINAL APPEAL /238/2019
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973:

s.482 – Petition under – Seeking quashing of criminal proceeding initiated u/ss. 405, 406, 415 and 420 IPC – Rejected by High Court – On appeal, held: High Court, in exercise of jurisdiction u/s. 482 is required to examine whether the averments in the complaint, taken on their face, constitute ingredients necessary for an offence alleged – The complaint in the present case is bereft of the basic facts necessary to constitute the offences alleged u/ss. 405, 406, 415 and 420 IPC – An attempt has been made by the complainant to cloak a civil dispute with a criminal nature – The complaint constitutes an abuse of process of court and therefore is liable to be quashed – Penal Code, 1860 – ss. 405,406, 415 and 420.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Cr.p.c
  • s.482
  • quashing of criminal proceeding
  • ss. 405
  • 406
  • 415 and 420 IPC
5. Equivalent citation
    Citation(s) 2019 (16) SCC 739 = 2019 (16) Suppl. SCC 739 = 2019 (3) JT 420 = 2019 (3) Suppl. JT 420 = 2019 (3) SCALE 563