Karnataka HC quashes cases against realtor

The court also quashed the counter-complaint filed by Shariff against Prajwal Shenava, director of Indraprastha Shelters Private Limited, and two others.
Karnataka High Court
Karnataka High Court

BENGALURU: The Karnataka High Court quashed two complaints lodged by real estate developer Prajwal Shenava against Yousuff Shariff aka D Babu, proprietor of Umrah Developers, and all further criminal proceedings pending before the trial court. The court also quashed the counter-complaint filed by Shariff against Prajwal Shenava, director of Indraprastha Shelters Private Limited, and two others.

In the judgment delivered on October 23, 2020, Justice BA Patil allowed three separate petitions filed by Shariff, Shenava and two others, and quashed the proceedings.

“Keeping in view the proposition of law and factual matrix of the cases on hand, it clearly indicates that a dispute which is essentially civil in nature, is given a cloak of criminality. When a civil remedy is available, continuation of criminal proceedings appear to be abuse of process of law. In that light, the petitioners have made out a case to quash the proceedings,” the court said.

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