IMPORTANT POINT
The court established that FIRs should not be registered for civil disputes and emphasized the importance of distinguishing between civil and criminal matters to prevent abuse of the legal process.

JUDGMENT/ORDER

BHARAT P.DESHPANDE, J. - Rule. Rule returnable forthwith. Heard finally at the admission stage with consent of the parties.

2. Petitioner is a registered company under the Companies Act, carrying on business of real estate development. The Petitioner is praying for quashing of FIR No.5/2020 dtd. 21/8/2020 registered with Respondent No.1 at its Economic Offences Cell, Panaji on the ground that complaint on which such FIR is registered, is basically a civil dispute and registering FIR is abuse of process of law.

3. Heard learned Counsel Mr. A.D. Bhobe appearing for the Petitioner and Mr. P. Faldessai, learned Additional Public Prosecutor, for the State.

4. With the assistance of the learned Counsel appearing for the parties, we have perused the relevant documents and more specifically the contentions raised in the petition.

5. On the earlier occasion, we requested Mr. P. Faldessai to inform about the status of the investigation since FIR was registered initially in the year 2017 by Quepem Police, which was taken over by Respondent No.1 Economic Offences Cell in the year 2020. Mr. Faldessai candidly accepted that there is absolutely no progress in the investigation as the Complainant/Respondent No.3 is a Russian National and since he left India and did not pursue the matter inspite of repeated requests.

6. In view of these peculiar circumstances, we considered to decide the matter at the admission stage.

7. Mr. Bhobe appearing for the Petitioner strongly contended that the Petitioner is a real estate developer. While conducting such business, Petitioner purchased property at Sirvoi Village of Quepem Taluka somewhere in the year 2002. The said property was then developed in the year 2006 under the name and style of "Peace Valley". Petitioner constructed flats/apartments and villas and accordingly entered into various transactions for sale of such flats/apartments/villas with various purchasers. Some of the agreements for sale were also executed with Indian companies wherein some foreigners are Directors.

8. Mr. Bhobe then would submit that somewhere in August, 2013, Respondent No.3 along with one lady (Foreigner) filed a complaint against the Petitioner in Quepem Police Station. The Sub-Divisional Police Officer conducted inquiry in such complaint and then reported to the Superintendent of Police, Margao concluding that such complaint speaks only about breach of agreement which is purely civil in nature. The report also suggests that the remedy is only for the breach of the agreement which is purely civil in nature.

9. Mr. Bhobe then would submit that somewhere in September, 2013, one Mr. Valentine Veselov, a Foreign National filed similar complaint against the Petitioner before the Superintendent of Police, South Goa, Margao. On inquiry by the P.I., Quepem, it was also found that the dispute is civil in nature. Somewhere in April, 2016, one Ms. Elena Matvienka (Foreign National) filed another complaint making similar allegations. That complaint was also inquired by P.I. Of Quepem Police Station concluding that the dispute is civil in nature.

10. Mr. Bhobe then would submit that on 19/9/2017, FIR vide crime No.86/2017 was registered at Quepem Police Station against the Petitioner for the offences punishable under Sec. 420 r/w 34 IPC on the basis of complaint filed by Respondent No.3. Similarly, on 9/11/2017, FIR No.96/2017 was registered against Petitioners No.2 and 3 under Sec. 420 r/w 34 IPC by Quepem Police on the basis of similar complaint filed by Mr. Valentine Vaselov. On 23/3/2018, FIR vide Crime No.13/2018 was registered against Petitioners No.2 and 3 under Sec. 420, 504 r/w 34 IPC by Quepem Police on similar complaint filed by Ms. Laima Drizniute.

11. Mr. Bhobe then would submit that upon investigation by Quepem Police, A-Summary report was filed before the learned Magistrate at Quepem bearing Final Report No.26/2018, Final Report No.27/2018 and Final Report No.28/2018. On 15/3/2019, the learned Magistrate granted A-S