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NARENDRA SINGH DHADDHA
Aman Anand S/o Late Jagmohan Singh Anand – Appellant
Versus
State of Rajasthan Through PP. – Respondent
ORDER
1. This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.219/2017 registered at Police Station Dabi, District Bundi for the offence under Sections 420, 467, 468, 469, 120-B IPC and proceedings pursuant thereto.
2. Learned counsel for the petitioners submits that the respondent Nos.2 and 3 lodged a false FIR against the petitioners by giving a criminal colour to it and case pertains to civil nature. Learned counsel for the petitioners also submits that a bare reading of FIR clearly disclose that no prima-facie case is made out against the petitioners. Learned counsel for the petitioners also submits that instead of filing suit for specific performance, complainant had misused the police machinery and want to built pressure against the petitioners by corrupt practices. Learned counsel for the petitioners also submits that this court had heard the petitioners at length on 18.01.2019 and passed the interim stay in favour of the petitioners and directed to deposit Rs.11 lac by way of demand draft. Learned counsel for the petitioners also submits that petitioners had given the notice to the complainant and also sent the d
The court emphasized that the continuation of a criminal proceeding would constitute an abuse of process of the court when the FIR lacked the essential elements of the alleged offence.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The Court can quash proceedings under Section 482 Cr.P.C if the allegations do not constitute any offence, but the power should be used sparingly and only to prevent abuse of process or to secure end....
Point of law : Criminal law cannot be put into motion for settlement of civil disputes.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
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