TMI Blog2019 (2) TMI 1894X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the Accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the Accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted. Appeal allowed. - Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared to be of a civil nature. 3. The Trial Court recorded the statement of the husband of the Appellant and directed issuance of process to the Respondents. The Respondents filed a revision challenging the issuance of process against them which was dismissed. The High Court allowed the Writ Petition filed by the Respondents, holding that the dispute is of a civil nature, and criminal proceedings against the Respondents would be an abuse of the process of law. The High Court recorded a finding that the disputed document cannot be stated to be a sham document, as Shamrao during his lifetime stated on oath that he had handed over the possession of the land to the Respondents. The submission made on behalf of the Respondents that the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be no justification for the High Court to interfere State of Karnataka v. M. Devendrappa and Anr. 2002 (3) SCC 89. 6. Defences that may be available, or facts/aspects which when established during the trial, may lead to acquittal, are not grounds for quashing the complaint at the threshold. At that stage, the only question relevant is whether the averments in the complaint spell out the ingredients of a criminal offence or not Indian Oil Corporation v. NEPC India Ltd. and Ors. 2006 (6) SCC 736. 7. Relying upon the aforementioned judgments of this Court, Mr. M.N. Rao, learned Senior Counsel appearing for the Appellant submitted that the High Court acted in excess of its jurisdiction in setting aside the order of the Trial Court b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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