Expressing serious concerns over the growing number of civil disputes turning into criminal cases, the Supreme Court called for strong measures to curb the ‘wrong practice,’ which was becoming rampant across various parts of the country, especially in the State of Uttar Pradesh.
The Bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar made these observations on Monday, while hearing a petition seeking to quash criminal charges in a case involving breach of trust during the transfer of a property sale deed.
Noting it as another case of a civil dispute turning into a criminal one, the Apex Court said such instances were happening rampantly in many States, especially in Uttar Pradesh.
Such wrongful conversions distorted the purpose of criminal law while overburdening the judiciary with cases that ideally should be dealt with through civil litigation, noted the Bench, adding that the ‘wrong practice’ should be checked with strong measures.
One Rikhab Birani had moved the Apex Court challenging an Allahabad High Court order, which refused to quash charges under Section 482 of the Code of Criminal Procedure.
The High Court had prima facie observed that at the current stage, it could not be said that no offence was made out against the applicants.
A counsel apprised the Apex Court during the proceedings that no civil suit was filed regarding the dispute and instead, a criminal case was initiated based on the claim that the petitioner had moved residences, allegedly making it difficult to pursue civil remedies.
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