MEHBOOB-UR-REHMAN (D) THR. LRS. versus SUDHA SEETHARAM & ANR

The averments in the complaint do not disclose the ingredients necessary to constitute offences under Sections 405, 406, 415 and 420 of the Penal Code. No entrustment or dishonest inducement is alleged, and facts clearly show the dispute is civil in nature. The criminal complaint is an abuse of process and is liable to be quashed.

Parties: Appellant: Prof R K Vijayasarathy; Respondent: Sudha Seetharam
Jurisdiction: India
Judgment Date: 15 February 2019
Procedural Posture: Criminal Appeal / Final Appeal From Judgment and Order of High Court of Karnataka Rejecting Petition to Quash Criminal Proceedings
Outcome: Appeal allowed; criminal proceedings quashed.
Legal Topics: Quashing of FIR, Abuse of Process, Criminal Breach of Trust, Cheating

Criminal Law Civil Procedure Quashing of FIR Abuse of Process Criminal Breach of Trust Cheating

Case Brief

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Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Prof R K Vijayasarathy

Appellant

Sudha Seetharam

Respondent

Procedural Posture

Criminal Appeal / Final Appeal From Judgment and Order of High Court of Karnataka Rejecting Petition to Quash Criminal Proceedings

Legal Issues

1 Whether the complaint discloses ingredients necessary for offences under Sections 405, 406, 415 and 420 of Penal Code
2 Whether the criminal complaint constitutes an abuse of the process of court in a civil dispute

Ratio Decidendi

Court Disposition

Appeal allowed; criminal proceedings quashed.

Orders

Judgment of High Court set aside.
Criminal proceedings arising from PCR 2116 of 2016 instituted by the first respondent against the appellants are quashed.