Back
MANOJ KUMAR GARG
Pradeep Dixit S/o Radheshyam Dixit – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant misc. petition has been filed by the petitioner for quashing of FIR No. 48/2023 registered at Police Station Soorsagar, District Jodhpur for offence under Section 420, 409 & 120B IPC.
2. Brief facts of the case are that the complainant lodged a complaint before the Metropolitan Magistrate, Jodhpur Metropolitan stating therein that on the business offer being given by the accused Pradeep Dixit, Trustee of M/s Rajiv Dixit Memorial Trust, the complainant provided the requisite documents so also a sum of Rs. 1 crore by way of different cheques in the name of the trust. It was agreed that the Trust shall provide the supply of Ayurvedic medicines and also pay the rent of warehouse. It was alleged that after some time, the Trustee stopped the payment of rent and other expenses and stopped the business. Upon contacting, the petitioner refused to pay the amount of rent and return the security amount of Rs. 1 crore.
3. The said complaint was forwarded by the Metropolitan Magistrate under Section 156(3) Cr.P.C. and FIR No. 46/2023 came to be registered at Police Station, Soorsagar, Jodhpur for offence under Section 420, 409 & 120B IPC and investigation commenced.
4. Counsel for
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and only in rare cases. The High Court should not give a premature decision when the entire facts are i....
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
The main legal point established is that the power to quash a criminal proceeding should be exercised sparingly and with circumspection, especially in cases where the allegations do not prima-facie c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
