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Writer's pictureAdvocate Anil Lalla

Criminal Cases Having Overwhelmingly Civil Character Should Be Quashed When Parties Settled Dispute : Supreme Court

The Supreme Court of India recently ruled that criminal cases with a predominantly civil nature should be quashed if the parties have settled their disputes. This decision emphasizes that when both parties reach an amicable resolution, it is appropriate for the court to dismiss the criminal proceedings, thereby prioritizing settlement over prosecution in such cases. The ruling reflects the court’s approach to reducing unnecessary litigation and promoting justice through reconciliation.

How does the Supreme Court determine if a criminal case has an overwhelmingly civil character ?

The Supreme Court determines if a criminal case has an overwhelmingly civil character by assessing the nature of the dispute and whether it arises from commercial, financial, or familial transactions. If the parties have amicably resolved their differences, the court may quash the proceedings. The court looks for indications that the dispute is primarily civil, such as settlements made through agreements like One-Time Settlements (OTS), and considers whether continuing the case would cause undue oppression or serve no meaningful purpose.



NOTE:Image is for representational purpose only.

Actually the jury system in India is abolished since 1973.

The landmark Nanavati case (1962) highlighted its biases and inefficiencies, leading to the system's abolition through the Code of Criminal Procedure.

#LegalCritiques sssldegnertm


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