Criminal Cases Having Overwhelmingly And Pre-dominatingly A Civil Flavour Stands On Different Footing For Purpose...
Criminal Cases Having Overwhelmingly and Predominatingly a Civil Flavour
Meaning of the Principle
Some disputes may look like criminal offences on paper (fraud, breach of trust, cheating, etc.), but their core or real nature is civil (contract disputes, property disagreements, commercial transactions).
The Supreme Court of India has clarified that when a case is overwhelmingly and predominantly civil in nature, courts may treat it differently for the purpose of quashing proceedings under Section 482 CrPC or Article 226 of the Constitution.
In such cases, continuing criminal proceedings may amount to abuse of process of law.
Legal Basis
Section 482 CrPC: Inherent powers of High Courts to prevent abuse of process and to secure ends of justice.
Article 226 of the Constitution: High Courts’ power to issue writs.
These are often invoked when parties try to give a criminal colour to a civil dispute.
Key Supreme Court Case Laws
1. Gian Singh v. State of Punjab (2012) 10 SCC 303
Facts: Question whether criminal proceedings can be quashed in cases of private disputes when parties have compromised.
Held:
Offences with a civil flavour (e.g., arising from commercial, financial, matrimonial, or partnership disputes) can be quashed if parties settle.
But serious crimes against society (murder, rape, corruption) cannot be quashed by compromise.
2. Narinder Singh v. State of Punjab (2014) 6 SCC 466
Facts: Criminal proceedings in a case involving monetary dispute were sought to be quashed after compromise.
Held:
If the predominant element is civil and the offence is not heinous or against society, courts may quash proceedings.
Objective: prevent unnecessary criminalization of civil disputes.
3. Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641
Held: The SC laid down detailed guidelines:
Criminal cases with overwhelmingly civil flavour (like partnership disputes, property disputes, commercial transactions, family settlements) may be quashed after settlement.
Heinous offences (murder, rape, dacoity, corruption) cannot be quashed even if compromised.
4. State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335)
Held: Laid down seven categories where High Courts may quash FIRs.
One category was where the dispute is essentially civil in nature but given a criminal colour to harass the other party.
Examples of Civil-Flavoured Disputes
Breach of contract → framed as cheating (Section 420 IPC).
Property dispute between partners → framed as criminal breach of trust (Section 406 IPC).
Family settlement disputes → framed as forgery or misappropriation.
Conclusion
Criminal cases with overwhelmingly civil flavour stand on a different footing:
They may be quashed if parties settle.
Courts discourage using criminal law as a weapon in purely civil disputes.
But serious crimes involving moral turpitude, corruption, violence, or offences against society cannot be quashed, even if parties compromise.
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