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2012 (12) TMI 1219 - SC - Indian LawsQuashing of order by HC - Entitlement for Profit of the Hotel business and its Ownership - False and fabricated Documents - In this case the dispute is essentially about the profit of the hotel business and its ownership.it was also alleged by the respondent, that false and fabricated documents was used by appellant suit claiming tenancy of the shop. HELD THAT:- While exercising its jurisdiction u/s 482 of the Code the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of the process of any court or otherwise to secure ends of justice. Whether a complaint discloses a criminal offence or not depends upon the nature of facts alleged therein. Whether essential ingredients of criminal offence are present or not has to be judged by the High Court. A complaint disclosing civil transactions may also have a criminal texture. But the High Court must see whether a dispute which is essentially of a civil nature is given a cloak of criminal offence. In such a situation, if a civil remedy is available and is, in fact, adopted as has happened in this case, the High Court should not hesitate to quash criminal proceedings to prevent abuse of process of court. Therefore, The High Court has quashed the complaint as it discloses civil dispute and same has been filed by the Appellant making similar grievance and is pending. The entire proceedings of Criminal Case including false and fabricated documents are also quashed and set aside. This order will however have no effect on the pending civil suit between the parties. Needless to say that the court, seized of the said suit, shall decide it independently and in accordance with law and the order passed by the Uttarakhand High Court is also set aside.
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