Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court [Read More]

The Rajasthan High Court reaffirmed that the availability of a civil remedy does not warrant the quashing of a criminal complaint alleging both civil wrongs and criminal offences. Justice Sudesh Bansal's bench heard a Section 482 CrPC plea seeking to quash an FIR where the petitioner was accused of cheating and breach of trust in a property transaction. \r

Despite the complainant's success in a civil suit for specific performance, the court emphasized that allegations of cheating and breach of trust necessitated further investigation. Citing precedents, including Vesa Holding Pvt. Ltd. v State of Kerala, the court underscored that the mere availability of a civil remedy does not justify halting criminal proceedings. \r

The High Court concluded that the criminal nature of the allegations required due investigation, declining to quash the FIR and emphasizing the need to allow the investigative process to unfold.