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2025 Supreme(Gau) 1503
THE GAUHATI HIGH COURT AT GUWAHATI, (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
(PRINCIPAL SEAT)
ANJAN MONI KALITA, J.
Sri Bhaskar Kr. Baishya @ Bhaskar Jyoti Baishya, S/o Late Hangsha Nath Baishya - Petitioner
Versus
Smti. Usha Rani Baishya, W/o Laste Hangsha Nath Baishya and Anr. – Opp. Parties
Crl. Pet. 819 of 2024
Decided On : 10-09-2025
For the Petitioner:Mr. B. K. Sen Advocates
For the Opposite Parties : Mr. S. Choudhury, Mr. R. J. Baruah, Addl. PP.
Allegations of cheating and fraud in a civil dispute do not automatically sustain a criminal case; the absence of criminal elements mandates quashing such complaints.
Headnote:(A) Indian Penal Code - Sections 406, 420, 468, 504, and 506 - Quashing of criminal proceedings under Sections 420, 468, and 506 - Allegations of cheating and criminal intimidation were filed in a civil dispute over property matters - Court deemed the allegations of complainant vague and civil in nature, insufficient to sustain criminal charges. (Paras 1, 2, 36)
Facts of the case:
The complaint against the petitioner centered around the allegation of converting a gift deed into a sale deed to defraud the opposite party, amidst claims of care and support failure. The petitioner contended the allegations arose from ongoing civil disputes regarding property. (Paras 3, 8, 12)
Findings of Court:
The court observed no prima facie evidence of criminal wrongdoing, highlighting the civil nature of the disputes and that the accusations did not meet the threshold required for criminal liability. (Paras 34, 36)
Issues: The primary issue was whether the allegations under Sections 406, 420, 468, 504, and 506 IPC could sustain a criminal case amidst existing civil disputes. (Paras 15, 34)
Ratio Decidendi: The court emphasized that allegations constituting a civil dispute do not automatically translate into a criminal offense and reaffirmed that complaints lacking a criminal element should not proceed. (Paras 34, 36)
Result: The petition was allowed, quashing the proceedings in C.R. Case No. 572/2023. (Para 37)
| Table of Content |
|---|
| 1. allegations of fraud and deceit in property transactions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. claims of civil nature over criminal allegations. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 3. opposite party argues serious criminal elements. (Para 21 , 22 , 23 , 24) |
| 4. assessment of prima facie criminal elements. (Para 26 , 28 , 35) |
| 5. petition allowed due to lack of criminal elements. (Para 34 , 36 , 37 , 38) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. B. K. Sen, learned counsel for the petitioner. Also heard Mr. S. Choudhury, learned counsel for the respondent No. 1 and Mr. R. J. Baruah, learned APP, for the respondent No. 2-State of Assam.
2. The instant application under Section 528 of BNSS , 2023, has been filed by the petitioner for quashing of the criminal proceeding in C.R. Case No. 572/2023, filed under Section 406 /420/468/504/506 of I.P.C., pending in the court of the Judicial Magistrate First Class, (JMFC), Kamrup (M), Guwahati.
3. The gist of the case is that, the opposite party No. 1, namely, Smti. Usha Rani Baishya filed a complaint dated 12.06.2023 in the Court of Judicial Magistrate First Class (JMFC), Kamrup (M), Guwahati, alleging, inter alia that the deceased husband Late Hangsha Nath Baishya of the opposite party No. 1 had two self-acquired immovable properties at Guwahati, namely, one plot at Christian Basti and the other plot at Nabin Nagar, Zoo Road; that before the death of aforesaid Hangsha Nath Baishya in 2017, the accused petitioner persuaded his father to transfer the property at Christian Basti to his name with a false commitment of taking care of his parents at their old age; accordingly, a “SALE DEED” dated 14.02.2012, was executed between the accused petitioner and Late Hangsha Nath Baishya and the complainant (Opposite Party No. 1); it was alleged that the accused person mislead his parents by converting the “ GIFT DEED” into a “ SALE DEED”.
4. It was alleged that the accused petitioner being an unemployed person, without having any source of income, started collecting rent from the tenants from the house located at the aforesaid plot of land; that after death of her husband, the opposite party No. 1 was never looked after by the accused petitioner and she had to manage herself by cooking her own food at her old age.
5. It was further alleged in the complaint that the opposite party No. 1 had a self-acquired property in Betkuchi along with a RCC building, Guwahati; that the opposite party No. 1, by way of a Registered Gift Deed dated 06.03.2021, transferred the aforesaid plot of land voluntarily to her youngest son, Sri Pranab Jyoti Baishya; that aforesaid Sri Pranab Jyoti Baishya built a 2 BHK room in the ground floor in the aforesaid property at Betkuchi and he whenever, visits Guwahati from Bengaluru, he used to stay there.
6. It was alleged that the opposite party No. 1, after obtaining an N.O.C, built a R.C.C building on the Betkuchi plot of land. That the accused petitioner with mala fide intention procured an N.O.C from the opposite party No. 1 for building a R.C.C building on the same Betkuchi land.
7. It was alleged that the complainant for construction of the R.C.C building at Betkuchi enticed the opposite party No. 1 to take a loan jointly with the accused petitioner; that the aforesaid Pranab Jyoti Baishya, who is the youngest son of opposite party came to Guwahati from Bengaluru on his father’s death on 04.10.2017 and when he got to know about the construction of the R.C.C building and the joint loan taken by the accused petitioner along with the opposite party, he felt a big conspiracy by the accused petitioner to grab the property at Betkuchi.
8. It was alleged that, in fact, the accused petitioner had procured the N.O.C from the opposite party without her knowledge as she is not conversant with English, and thereby, conspired to grab the plot of land at Betkuchi; that the aforesaid Pranab Jyoti Baisha, discovered that the loan jointly taken by the accused petitioner and
