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In disputes involving unethical transactions, heightened caution must be exercised: SC

Last Updated on February 20, 2024 by News Desk

Issue:- An FIR was registered over the alleged failure of the appellant to secure a government job for the complainant even though he took the money promising him a job.

Analysis:– On Monday, it was observed by the SC that heightened caution must be exercised while registering a criminal case concerning a dispute which involves unethical transactions, in situations where civil remedies are barred.

The court said that the same must be ensured so that the parties’ main aim in opting for criminal law remedies is not to achieve unscrupulous results.

The SC set aside the decision of the HC which had refused to quash the criminal proceeding.

The bench which was comprised of Justices Vikram Natha and Satish Chandra Sharma observed that the police must be vigilant when it comes to such cases.

The court said that in such situations the claims that are made by the parties require a closer reflection to check the veracity of the same.

In any case, if it is found that the criminal proceeding has been instituted with a mala-fide intention then the same cannot be allowed.

Case Title:– DEEPAK KUMAR SHRIVAS & ANR. VERSUS STATE OF CHHATTISGARH & ORS. | Criminal Appeal No. 001007 / 2024

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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