IMPORTANT POINT
Criminal proceedings can continue despite the civil nature of a dispute if criminal allegations are substantiated in the FIR.

JUDGMENT :

1. The present petition is filed for the following prayers:

“a) Be pleased your Lordships to quashed and set aside the complaint (F.I.R) bearing I.CR.No. 11191011240307/2024 registered with DCB Police Station At AHMEDABAD, filed by respondent no.2 qua present petitioner and further be pleased to quashed and set aside the Criminal proceedings qua present petitioner if any arising out of the said complaint.

(b) That pending hearing and final disposal of this present petition, this Honble Court may be pleased to stay further proceedings of FIR bearing No. 11191011240307/2024 registered with DCB Police Station, AHMEDABAD against the petitioner.

(c) Be pleased your Lordships to pass any other and further order considering the facts and circumstances of the case in the interest of justice.”

2. Heard learned Senior Counsel Mr. Aditya Bharat Manubarwala with learned advocate Mr. O.I.Pathan for the petitioner and learned APP, Mr. Manan Maheta for the respondent – State.

3. Learned Senior Counsel has submitted that essentially the dispute is between two brothers and initially, the application was given before some other Police Station, though, both the brothers are residing at Mumbai however with a view to harass the present petitioner, the FIR is filed before the D.C.B. Police Station, Ahmedabad City. He has further submitted that looking to the tenor of the FIR, essentially the allegation pertains to non-payment of the amount and for that Civil Proceedings are required to be filed which can be more efficacious remedy and by way of the present FIR, the Civil Proceedings are converted into Criminal Proceedings. Therefore, he submits that, in view of the settled position of law, when the Court is of the opinion that on a bare reading of the FIR, no offences are made out or Court is of the opinion that the continuation of the proceedings pursuant to the FIR would amount to abuse of process of law, then the Court should interfere in the proceedings initiated pursuant to the FIR and may quash the proceedings, in the interest of justice.

4. Learned APP, Mr. Maheta has strongly opposed the submissions made on behalf of the petitioner and has submitted that every matter cannot be considered as civil dispute, merely because, there is some mention about the recovery of the amount and every complaint is required to be examined independently on the facts and circumstances of each case. He has submitted that the Hon’ble Apex Court has also held in various decisions that the mere filing of civil proceedings pursuant to the dispute between the parties does not mean that such dispute is not having a criminal texture. He has further submitted that earlier complaint is filed by the complainant which was not registered as at the relevant point of time, no evidence were produced and from the report filed before the concerned Court at the time of consideration of the application for the anticipatory bail, it was specifically stated that at the relevant point of time, evidence was not produced by the complainant. He has further submitted that otherwise the transaction has taken place at Ahmedabad and the firm is also situated at Ahmedabad and therefore, there is no substance in the contentions raised by the present petitioner that the petitioner is residing at Mumbai and the complaint is filed at Ahmedabad with a view to harass the present petitioner.

5. I have considered the rival submissions made at the bar, I have also gone through the present FIR which is filed under the provisions of Sections 406, 409 and 420 of the Indian Penal Code, 1860, the same reads as under:

“406. Punishment for criminal breach of trust.—

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

409. Criminal breach of trust by public servant, or by banker, merchant or agent.—

Whoever, being in any manner entrusted with property, or with any dominion over property in h