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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE PARTHIVJYOTI SAIKIA, J
Ratu Techi And Ors. Son Of Late Techi Kerap – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. A.M. Bora, the learned senior counsel assisted by Mr. V.A. Chowdhury appearing for the petitioners. Also heard Mr. R.P. Sharma, learned senior counsel assisted by Mr. Naresh Balodia , learned counsel for the respondents.
2. This is an application under Section 482 of the CrPC read with Section 401 of the said Code praying for quashing and setting aside the charge sheet and the proceedings in respect of PRC Case No.1018/2021 arising out of Bharalumukh P.S. Case No.583/2020 pending in the court of Judicial Magistrate First Class, Kamrup (M), Guwahati.
3. On 14.09.2020, the Respondent No.2 Shri Dilip Bansal, being the proprietor of Hindustan Earthmover, lodged an FIR before police. The allegations brought in the said FIR are like this–
I. The Respondent No.2 is a registered micro MSME. According to the informant, the present petitioners representing T.K. Engineering Consortium Private Limited, had hatched a plan with dubious intention. They allegedly approached the informant at his office at “CHINMOY COMPLEX”, A.T. Road, Guwahati. They claimed to be big Government Contractors. They persuaded the informant to supply spare parts of Bulldozers, Exc
The court ruled that allegations in the FIR did not constitute a criminal offence, characterizing the matter as a civil dispute, allowing quashing under Section 482 of the CrPC.
The allegations in the FIR establish a prima facie case under Sections 406 and 420 IPC, justifying the continuation of criminal proceedings despite intertwining civil aspects.
The truth or falsity of the allegations in the complaint should not be determined at the earliest stage.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The court established that criminal proceedings cannot be sustained when the underlying dispute is civil, particularly in the context of long-standing business relationships.
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....
The main legal point established in the judgment is the requirement for a prima facie case to be established in criminal proceedings, and the court's authority to quash proceedings if the allegations....
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