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PARTHA SARTHY
Dina Nath Mahto, Son of Late Bharat Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Partha Sarthy, J.)
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner has filed instant application praying for quashing the order dated 16.11.2022 passed in Goraul P.S. Case no. 10 of 2022 whereby the learned Additional Chief Judicial Magistrate-I, Vaishali, Hajipur was pleased to take cognizance under sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.
3. The prosecution case as per the written statement dated 9.1.2022 of the opposite party no.2- informant addressed to the Officer In-charge of Goraul Police Station alleges inter alia that he resides in Patna and runs a coaching. It is stated that in course of his work, he became acquainted with the three accused persons including the petitioner herein. Slowly they became close to him. Subsequently the petitioner made a request to help him in the marriage of his daughter. The informant states that the petitioner took out a non-judicial stamp paper of the value of Rs. 1,000 and stated that he would execute an agreement for sale on the said document with respect to an immovable property measuring an area of 1200 sq ft. at th
Criminal proceedings cannot arise from mere breach of contract; such disputes should be resolved through civil remedies, and misuse of criminal law for civil disputes is an abuse of process.
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction.
The court ruled that a civil dispute cannot be criminalized without clear evidence of fraudulent intent, leading to the quashing of the FIR.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
Point of Law : Power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and p....
The pendency of a civil dispute does not bar a criminal prosecution, and a complaint disclosing civil transactions may also have a criminal texture.
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