SHASHI GOEL Vs. STATE OF U P

JUDGEMENT

(1.) -Instant application has been moved by Smt. Shashi Goel under Section 482, Cr. P.C. to quash the proceedings of Criminal Case No. 3639 of 2003 (arising out of Complaint Case No. 437 of 1995) Modi Industries Ltd. Modi Nagar, Ghaziabad v. Dinesh, pending in the Court of Judicial Magistrate, Ghaziabad.

(2.) HEARD Sri Sunil Kumar learned counsel for the applicant and Sri A. K. Jain learned counsel for opposite party No. 1 and Sri Ramesh Sinha learned counsel for opposite party No. 2 and have gone through the record.

(3.) IN Lalmuni Devi (Smt.) v. State of Bihar and others, 2001 (1) ACR 262 (SC) : 2001 SCC (Crl) 275, it has been laid down by Hon'ble the Apex Court that it is settled law that facts may give rise to a civil claim and may also amount to an offence. Merely because a civil claim is maintainable it does not mean that criminal complaint cannot be maintained.