Supreme Court · 2007 INSC 1060 · Decided 12 October 2007
B. Suresh Y Ada V v. Sharif Bee and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1060 · [2007] 11 S.C.R. 238
- Case number
- CRIMINAL APPEAL No. 1444/2007
- Decided
- 12 October 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 415, 420; CrPC Section 482
Headnote
Penal Code, 1860-ss. 415 and 420-Cheating-Agreement of sale-Between the parties-Execution of sale-Prior to execution, C demolition of the construction on the property-Civil suit, for determining whether the construction was part of the property sold­ During pendency of the suit, criminal dismissed by High Court-On appeal, held: Complaint D liable to be quashed-No case made out against the accused/vendor­ The stand of the complainantlvendee being inconsistent with her stand in the civil suit, is not reliable-Dispute being essentially of civil nature, has to be determined
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