27 March 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

The Supreme Court of India in Chandrasekhar Ramesh Galande v/s Satish Gajanan Mulik & Another., has dismissed a petition challenging the High Court's order that quashed criminal proceedings against a lawyer. The petitioner had filed a criminal case alleging professional misconduct and other offenses against the respondent lawyer, including false promises, excessive fees, collusion, and issues related to a land sale deed, which purportedly led the petitioner to attempt suicide.

A charge sheet was filed against the lawyer under Sections 420 (cheating), 323 (voluntarily causing hurt), 506 (criminal intimidation), and 109 (abetment) of the Indian Penal Code (IPC). However, the High Court, in a petition filed under Section 482 of the Code of Criminal Procedure for quashing the proceedings, concluded that no actual offense was made out. The High Court reasoned that the allegations primarily involved promises of future action and that the FIR itself did not technically establish a criminal case.

The Supreme Court, after hearing the learned counsel for the petitioner, stated that it found absolutely no reason to interfere with the well-reasoned order of the High Court in exercise of its jurisdiction under Article 136 of the Constitution of India.

Consequently, the Supreme Court dismissed the present petition along with any pending applications. This decision reinforces the principle that criminal proceedings should not be initiated or sustained based on vague allegations or promises of future conduct that do not inherently constitute a criminal offense.

Section 109., Indian Penal Code - 1860  

Section 323., Indian Penal Code - 1860  

Section 420., Indian Penal Code - 1860  

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 482., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973