Andhra Pradesh High Court: Civil Suits for Damages Maintainable Even Amidst Parallel Criminal Proceedings Under Section 357 CrPC

The Andhra Pradesh High Court clarified that civil suits for damages arising out of the same incident remain maintainable even when criminal proceedings have been initiated (under IPC). Section 357 CrPC allows criminal courts to award compensation; Section 357(5) mandates that courts avoid double recovery by taking into account any compensation already awarded in criminal courts when civil claims are later decided. In the specific case, the plaintiff whose wall was dismantled and who suffered grievous hurt resulting in 85% permanent disability had obtained a conviction, and then filed a civil suit for damages. The High Court enhanced compensation from ~₹4,04,000 in the trial court to ~₹8,55,000, adding heads for attendant cost, loss of income, transportation, medical costs etc. The judgment emphasizes that both civil and criminal remedies can coexist, with cross-adjustment of awarded sums to prevent duplication.