The Supreme Court has recently expressed concern over the growing trend of civil disputes being pursued as criminal cases in various parts of India, especially Uttar Pradesh [Rikhab Birani and Anr. v. State of Uttar Pradesh and anr]..The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar made the observation while considering a plea to quash a case involving allegations of cheating and breach of trust. "This is another case where a civil dispute has been turned into a criminal one. Happening rampant(ly) in many States and especially your State (State of Uttar Pradesh). Please know its a wrong practice and should not happen," CJI Khanna said. .The Court was hearing a plea by accused seeking relief after the Allahabad High Court declined to quash the criminal charges against them.They were alleged to have induced another person to part with some money on the false promise that a sale deed would be executed in favour of such person. The two were later booked in a criminal case with various charges, including cheating, breach of trust, outraging the modesty of a woman, insult and criminal intimidation.The accused argued that they were falsely implicated. However, on May 9 this year, the High Court opined that a prima facie case was made out against them. Therefore, it refused to quash the charges, prompting the accused to approach the Supreme Court for relief. Before the Supreme Court, they argued that the matter does not involve any cheating but only involves a simple breach of contract. The Court issued notice in the matter on November 11 and also stayed the criminal proceedings before the trial court..[Read High Court order]
The Supreme Court has recently expressed concern over the growing trend of civil disputes being pursued as criminal cases in various parts of India, especially Uttar Pradesh [Rikhab Birani and Anr. v. State of Uttar Pradesh and anr]..The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar made the observation while considering a plea to quash a case involving allegations of cheating and breach of trust. "This is another case where a civil dispute has been turned into a criminal one. Happening rampant(ly) in many States and especially your State (State of Uttar Pradesh). Please know its a wrong practice and should not happen," CJI Khanna said. .The Court was hearing a plea by accused seeking relief after the Allahabad High Court declined to quash the criminal charges against them.They were alleged to have induced another person to part with some money on the false promise that a sale deed would be executed in favour of such person. The two were later booked in a criminal case with various charges, including cheating, breach of trust, outraging the modesty of a woman, insult and criminal intimidation.The accused argued that they were falsely implicated. However, on May 9 this year, the High Court opined that a prima facie case was made out against them. Therefore, it refused to quash the charges, prompting the accused to approach the Supreme Court for relief. Before the Supreme Court, they argued that the matter does not involve any cheating but only involves a simple breach of contract. The Court issued notice in the matter on November 11 and also stayed the criminal proceedings before the trial court..[Read High Court order]
