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january 2013

Supreme Court of India · 2013-01-09

Udai Shankar Awasthi vs State Of U.P.& Anr

Court
Supreme Court of India
Petitioner
Udai Shankar Awasthi
Respondent
State Of U.P.& Anr
Author
B.S. Chauhan
Bench
Jagdish Singh Khehar, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the High Court's rejection of a petition under Section 482 Cr.P.C. for quashing proceedings in Complaint Case No. 628 of 2011, which involved allegations under Sections 403 and 406 IPC. The Court emphasized that the remedy of arbitration under the Arbitration and Conciliation Act, 1996 must be exhausted before resorting to criminal proceedings. The Court held that the complainant's claims were not substantiated sufficiently to warrant quashing the proceedings, thereby affirming the lower court's decision.

Udai Shankar Awasthi vs State Of U.P.& Anr · Niyam