Co-operative Housing Society

Querist : Anonymous (Querist) 07 December 2010 This query is : Resolved
Our Society members have filed a Criminal Complaint against Committee Members and Developer in Magistrate's Court which has been admitted by the Magistrate, stating in his order that there is a Prima Facie case made out against them u/s 420, 419, etc.

In a related Civil Case, the Developer has obtained an order from the High Court confirming that the Agreement entered into by the Committee Members and the Developer is valid.

The Committee Members and the Developer have now filed an application in the High Court requesting for Quashing of the Criminal Proceedings based on the Civil Case.

What are the rules and pre-conditions for the High Court to Quash Criminal Proceedings in the Magistrate's Court ? Are there any precedents / case laws which we could refer to ?

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s.subramanian (Expert) 07 December 2010
The High court has to use the power under Sec.482 Cr.P.C. very sparingly. Unless the criminal case is false foisted on them and there are very strong and subtaintial grounds for quashing it will not be done for the mere asking. As defacto complainants,you are also legally entitled to notice in quash proceedings. You can appear before the High Court and submit your objections for the same.

Devajyoti Barman (Expert) 07 December 2010
There are hundreds of decision on section 482 crpc. Withput knwoing your case in full,it would not be proper to advise you further.

Kirti Kar Tripathi (Expert) 07 December 2010
agree.

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