Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Parmanand Adwani S/o Shri Bhikam Chand – Appellant
Versus
State Of Rajasthan – Respondent
Order :
FARJAND ALI, J.
1. The instant Misc. Petition has been preferred on behalf of the accused petitioners Parmanand Adwani and Mangi Lal seeking quashing of the order dated 21-05-2012 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities Act) Cases, Pali in Criminal Revision No.77/2013 as well as the order dated 19-08-2015 passed by the Court of Judicial Magistrate No.2, Pali in Criminal Original Case No.184/2012, whereby the learned Magistrate took cognizance under Sections 420 & 120-B of the IPC and issued process against them.
2. Briefly stated the facts of the case would be that the respondents Smt. Geeta Devi and Mangal Singh filed a criminal complaint based on which an FIR was lodged. It was stated in the complaint that one Smt. Chhaniya happened to be mother-in-law of the complainant Smt. Geeta and the other accused Radha, Pushpa and Laxmi are her sister-in-laws. Her father-in-law and husband had died intestated. There is a shop situated at Mill Gate, Pali in the name of her father-in-law and the said shop was given to respondent No.2 Mangal Singh by Smt. Geeta to take care of it and later on 25-09-2009, the same was sold to him by way of execution of a regi
The absence of deception or dishonest inducement negates the establishment of cheating under IPC Sections 420 and 120-B.
Sale of undivided joint property share by co-sharers without dishonest intention at inception does not constitute cheating; third-party complainant lacks standing absent purchaser grievance; proceedi....
The absence of specific allegations of deception and intent to defraud against a party in criminal proceedings can lead to the quashing of charges under the Indian Penal Code.
The court held that allegations against the petitioner-accused No.4 did not constitute cheating under Section 420 IPC due to lack of fraudulent intent.
To establish an offence under Section 420 IPC, there must be delivery of property to the person deceived; mere allegations without this element do not suffice.
The court ruled that allegations of cheating under Section 420 IPC require evidence of fraudulent intent at the time of transaction, which was lacking, necessitating a quash of criminal proceedings.
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
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
