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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MALASRI NANDI
Shankar Prasad Jain Son of Sri Om Prakash Jain – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MALASRI NANDI, J.
Heard Mr. S. Chamaria, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Addl. P.P for the respondents.
2. By filing this application u/s 482 of the Code of Criminal Procedure , 1973, the petitioners have prayed for setting aside the impugned FIR dated 06.03.2019 vide Paltanbazar P.S Case No.770/2019 u/s 406/420/294/506 of IPC.
3. The brief facts of the case is that an FIR has been lodged dated 06.03.2019, by the informant stating inter alia that he is the absolute owner and possessor of a RCC building known as “Parmeswari Building” standing over a plot of land bearing Dag No.1381, 1382 (Old) 2051, 2052 (New) of K.P. Patta No.827 (Old) 1102(New) of Revenue Village - Sahar Guwahati Part II in the district of Kamrup (M).
4. On 17.10.2017, the informant had executed a sale agreement with the petitioners to sell his aforesaid property to them. As per the agreement, the petitioners assured to pay Rs.6,00,000,00/- (Rupees Six Crores only) within a period of 30 days from the date of getting ‘No Objection Certificate’ from the office of the Deputy Commissioner or at the time of execution of
The court held that allegations in the FIR disclose commission of criminal offences, and the existence of a civil remedy does not preclude criminal proceedings.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
A mere breach of contract does not preclude a finding of criminal cheating; fraud must be established at the agreement's inception.
(1) To exercise powers under Section 482 Cr.P.C., complaint in its entirety shall have to be examined on the basis of allegation made in complaint/FIR/charge-sheet and High Court at that stage was no....
The power under Section 482 of Cr.P.C. should not be used to conduct a mini trial, and a prima facie case should be established from the material collected during the investigation.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
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