AIR 2006 SUPREME COURT 2780 ::2006 AIR SCW 3830 ::2006 (5) AIR Bom R 437 ::(2007) 1 MadLW(Cri) 80 ::(2006) 2 BomCR(Cri) 687 ::(2006) 3 CurCriR 128 ::(2007) 1 Mad LJ(Cri) 473 ::2006 (3) SCC (Cri) 188 ::2006 (6) SCC 736 ::(2006) 3 RecCriR 740 ::(2006) 7 Scale 286 ::(2007) 1 AndhLT(Cri) 272 ::(2006) 3 BankCLR 440 ::(2006) 3 ChandCriC 50 ::(2006) 4 EastCriC 22 ::(2006) 4 CTC 60 (SC) ::(2006) 35 OCR 128 ::(2006) 2 Orissa LR 659 ::(2006) 4 Raj LW 3380 ::(2006) 3 Crimes 182 ::(2006) 6 Supreme 66 ::(2006) 56 AllCriC 249 ::2007 CalCriLR 1 52 ::(2006) 2 Guj LH 753 ::(2006) 44 AllIndCas 37 (SC) ::(2006) SC Cr R 1222

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): H. K. Sema, R. V. Raveendran , JJ

(A) Criminal P.C. (2 of 1974) , S.4— Criminal prosecution - Tendency to convert purely civil disputes into criminal cases - Deprecated. A growing tendency in business circles to convert purely civil disputes into criminal cases is obviously on account of a prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable break down of marriages/families. There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement. Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged.(Para 10) While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law. One positive step that can be taken by the Courts, to curb unnecessary prosecutions and harassment of innocent partie....