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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Nagendra Prasad Keshri, Son of Late Yamuna Prasad Keshri@ Jamuna Prasad Keshri – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(BIBEK CHAUDHURI, J.)
1. This is an application under Section 482 of the Code of Criminal Procedure, filed by the accused / petitioner for quashing the order of cognizance, dated 23rd of July, 2021, in Danapur P. S. Case No. 687 of 2020, arising out of Complaint Case No. 902 of 2020, under Section 504 /506/34 of the INDIAN PENAL CODE .
2. For proper adjudication of the case as well as better understanding of the factual matrix, the following list of dates, in my view, is necessary to be incorporated at the outset: -
(i) 14.10.2020-16.10.2020 – The complainant /Opposite Party No. 2 filed a case against the petitioner for drinking, keeping and selling wine in a multi-storied apartment under the name and style of Durga Mapple Apartment.
(ii) 16.10.2020 – The accused / petitioner grilled the complainant and threatened him to kill.
(iii) 17.10.2020 – The accused directed the Sweeper of the said apartment to not remove the dustbins in front of the flat of the complainant.
(iv) 19.10.2020 – Generator line of the complainant was disconnected.
(v) 27.10.2020 – The petitioner threatened the complainant to withdraw the cases.
(vi) 25.11.2020 – The petitioner filed Complaint Case No. 902 of
The court ruled that mere verbal abuse does not constitute an intentional insult under Section 504, and a prima facie case for criminal intimidation under Section 506 was not established.
A mere breach of contract does not amount to cheating unless there is an intention to deceive from the inception of the agreement; allegations of insult and intimidation must meet specific legal thre....
The essential ingredients of an offense under Section 504 of the Indian Penal Code must be met for the charge to be sustained.
Cognizance under IPC sections quashed due to lack of substantial evidence and minor dispute nature.
Proceedings quashed under inherent powers where no prima facie case for IPC offences under Ss.288,420,406,465,504,506 as essential ingredients absent even assuming all allegations true.
Criminal charges lacking substantial evidence of wrongdoing can be quashed to prevent abuse of judicial process.
The allegations under Sections 504 and 506 IPC require specific evidentiary elements; prosecution should not misuse criminal law for personal vendettas.
Not every breach of contract amounts to cheating, and mere retention of property does not constitute dishonest misappropriation. The essential ingredients for criminal offences under the Indian Penal....
Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.
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