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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ladu Ram S/o Shree Jeevan – Appellant
Versus
Rajasthan State through Public Prosecutor – Respondent
ORDER :
1. The present criminal miscellaneous petition has been filed by the petitioners with a prayer to quash FIR No.58/2016 dated 01.02.2016 registered at Police Station Amer, District Jaipur (North) for the offences under Section 406 , 420, 467, 468, 471 & 120-B of IPC .
2. It is stated that one agreement dated 28.11.2011 was executed between Peru S/o Balia, Narayan, Gopal, Sukhram, Choti Lal, Ladu Ram all Sons of Late Shri Jeevan, Lala Ram, Budharam, Ramnath, Dalu Ram, Birdi Chand all Sons of Late Shri Chouthu, Smt. Ratni Devi W/o Late Shri Tejram, Ganesh, Seduram, Suresh, Kamal all Sons of Shri Tejram, Kalu Dattak Son of Late Shri Rampal in favour of Smt. Rekha Bansal (complainant) in order to sell 7/8 undivided share of land bearing Khasra Nos. 6704, 6705, 6706, 6707, 6708, 6703 total measuring 1.02 hectare and Khasra Nos. 6718 & 3238 total measuring 0.14 hectare situated at Village Amer (Chopra Ki Dhani), Tehsil Amer, District Jaipur.
3. As per terms and conditions of the agreement dated 28.11.2011, entire family tree as well as particulars of different Khatedars as well as their descendants were given in detail and it was agreed between the parties that the land shall be sol
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
Not every breach of contract amounts to cheating, and mere retention of property does not constitute dishonest misappropriation. The essential ingredients for criminal offences under the Indian Penal....
Criminal proceedings cannot be used to settle civil disputes, and the essential ingredients of criminal offences must be established for the charges to be valid.
Criminal proceedings cannot arise from mere breach of contract; such disputes should be resolved through civil remedies, and misuse of criminal law for civil disputes is an abuse of process.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
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