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Legal Learning | Criminal Law & FIR Quashing
Civil Remedy ≠ Ground to Quash FIR: Supreme Court Clarifies
The Supreme Court has reaffirmed that the mere existence of a civil dispute or remedy — even in commercial transactions — does not automatically justify the quashing of a criminal FIR.
Key Takeaways:
FIRs disclosing cognizable offences must be investigated — even if civil suits are filed on similar facts.
Breach of contract can give rise to both civil and criminal liabilities depending on the nature of allegations.
Courts must not treat the matter as purely civil if allegations prima facie show criminal intent like cheating, forgery, or conspiracy.
Court’s Clarification:
Filing a civil suit does not nullify the seriousness of criminal allegations.
Parallel civil and criminal proceedings can continue if both are legally maintainable.
The existence of a commercial transaction is not a shield against criminal prosecution if an offence is committed.
Implication for Litigants:
FIRs under Sections like 420, 467, 468, 471, and 120B IPC (cheating, forgery, conspiracy) cannot be quashed merely because a civil agreement or contract is involved.
If the criminality in conduct is apparent, courts will not block the investigation or trial.
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