K. Jagadish v. Udaya Kumar G.S., AIR 2020 SC 936

Court: Supreme Court of India

Issue: FIR was quashed by the High Court on the ground of pendency of civil suit for registry cancellation, which was filed by the Complainant subsequent to the lodging of the FIR. Order of High Court was challenged before the Apex Court.

Held:  In certain cases the very same set of facts may give rise to remedies in civil as well as in criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.

It is true that civil proceedings have been subsequently initiated to get the registered Sale Deed set-aside but that has nothing to do with the present criminal proceedings.

Order of the High Court was set aside and the criminal proceedings were allowed to be continued in accordance with law.

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