The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.

ORDER :

J. C. DOSHI, J.

1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seek quashing of the FIR registered as C.R.No.11210055210303 of 2021 registered with Salabatpura Police Station, Surat for the offence punishable under Sections 406, 420, 120B, 504 and 506(2) of the Indian Penal Code and further proceedings arising thereof.

2. Seeking quashment of FIR, learned advocate Mr.Qureshi for the petitioner submitted that on plain reading of FIR, it fails to disclose any essential ingredient of criminal breach of trust or cheating defined in section 405 and 415 of IPC having punishment defined in section 406 and 420 of IPC. He would submit that FIR on its face value indicates that before two years of lodging FIR, complainant came in contact with other two traders from Hyderabad City and said two traders came in contact with complainant through present applicant who has acted as broker. He would submit that it is pure civil transaction. FIR can be best plaint in civil suit but it is given cloak of criminality. It is further submitted that in absence of any essential ingredient of section 406 and 420 of IPC, civil transaction has been given color of criminality. Therefore, it is submitted to quash the FIR. In support of his submission, learned advocate Mr.Qureshi has relied on judgment of Hon’ble Apex Court in the case of Delhi Race Club (1940) Ltd. v/s. State of Uttar Pradesh [2024 INSC 626].

3. Though notice is served to respondent no.2 - complainant, none remained present.

4. Learned APP for respondent - State would submit that correctness of FIR would be tested in trial but in given circumstances, FIR should not be scuttle at this stage.Therefore, he submits to dismiss the petition.

5. I have heard learned advocates for the parties and perused the record. In the case on hand, quashing petition was filed on filing of FIR against the petitioner. On 26.07.2021, this Court has passed following order :-

"1. Learned advocate Mr. S.A. Qureshi appearing for the applicant submitted that the impugned complaint being FIR No.11210055210303 registered with Salabatpura Police Station, Surat City has been filed for the offences punishable under Sections 406, 420, 504, 120B and 506(2) of IPC. However, a plain reading of the allegations made therein would reveal that it relates to a commercial transaction between the complainant and original accused Nos.2 and 3. The only role played by the applicant herein is that of a Broker.

2. Having considered the submissions advanced by learned advocate Mr. Qureshi, issue Notice, returnable on 27.08.2021. Learned Additional Public Prosecutor waives service of notice on behalf of the respondent State."

6. Bare reading of FIR demonstrate that first informant complainant came in contact with other two traders from Hyderabad City and said two traders came in contact with complainant through present applicant who has acted as broker. The role of present petitioner is that of Broker. FIR came to be lodged against the petitioner under sections 406, 420, 120B, 504 and 506(2) of the Indian Penal Code. Civil dispute has been given clock of criminality.

7. Punishment of criminal breach of trust and cheating are slated in section 406 and 420. If any person has been dominion over the property or entrustment with property, dishonestly misappropriated or converted property to his own use or dishonestly used or disposed of the property or willfully suffers any other person so to do in violation of any direction of law prescribing the method in which the trust is discharged but someone violates trust and dishonestly misappropriated or converted property to his own can be said that he has committed criminal breach of trust.

8. In background of above provision of law, if we again see contents of FIR, at no point of time, it appears that accused has dishonestly misappropriated or converted property to his own use or dishonestly used or disposed of the property for obtaining