PRITI SARAF & ANR. versus STATE OF NCT OF DELHI & ANR.

PRITI SARAF & ANR. versus STATE OF NCT OF DELHI & ANR.

The High Court erred in quashing the criminal proceedings under Section 482 CrPC because the complaint/FIR/charge-sheet and material on record disclose prima facie the ingredients of offences under Sections 406 and 420 IPC read with Section 34 IPC; the existence of contractual/civil remedies or initiation of arbitration does not by itself make the criminal prosecution an abuse of process, and therefore the High Court's order dated 15 March 2019 quashing the proceedings was set aside.

Parties
Appellants / De Facto Complainants: Priti Saraf & Anr.; Respondents: State of NCT of Delhi & Anr.
Jurisdiction
India
Judgment Date
10 March 2021
Procedural Posture
Criminal Appeal No. 296 of 2021 / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr PC
Outcome
Appeal allowed; impugned High Court judgment dated 15 March 2019 set aside.
Legal Topics
Section 482 Cr PC, Quashing of Fir/charge Sheet, Cheating (section 420 Ipc), Criminal Breach of Trust (section 406 Ipc), Abuse of Process
Criminal Procedure Criminal Law Arbitration Section 482 Cr PC Quashing of Fir/charge Sheet Cheating (section 420 Ipc) Criminal Breach of Trust (section 406 Ipc) Abuse of Process

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Parties

Priti Saraf & Anr.

Appellants / De Facto Complainants

State of NCT of Delhi & Anr.

Respondents

Procedural Posture

Criminal Appeal No. 296 of 2021 / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr PC

Legal Issues

  1. 1 Whether the High Court rightly exercised its inherent jurisdiction under Section 482 CrPC to quash the criminal proceedings
  2. 2 Whether the allegations in the complaint/FIR/charge-sheet disclose prima facie offences under Sections 406 and 420 IPC read with Section 34 IPC
  3. 3 Whether the existence of civil remedies or initiation of arbitral proceedings precludes criminal prosecution

Ratio Decidendi

The High Court erred in quashing the criminal proceedings under Section 482 CrPC because the complaint/FIR/charge-sheet and material on record disclose prima facie the ingredients of offences under Sections 406 and 420 IPC read with Section 34 IPC; the existence of contractual/civil remedies or initiation of arbitration does not by itself make the criminal prosecution an abuse of process, and therefore the High Court's order dated 15 March 2019 quashing the proceedings was set aside.

Court Disposition

Appeal allowed; impugned High Court judgment dated 15 March 2019 set aside.

Orders

  • Impugned judgment of the High Court dated 15 March 2019 in Crl.Misc.(Main) No.1718/2017 set aside
  • Quashing of criminal proceedings against 2nd respondent under Sections 420, 406 and 34 IPC vacated