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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ANIL KUMAR UPMAN
Sanyukt Shekhari S/o Inder Shekhari – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
ANIL KUMAR UPMAN, J.
1. Instant Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the entire criminal proceedings emanating from FIR No.139/2016, registered at Police Station Nagauri Gate, District Jodhpur (East) for offences punishable under Sections 420, 406 and 120B of the IPC along with charge-sheet dated 09.07.2018 and further proceedings pending before the Court of learned Metropolitan Magistrate No.10, Jodhpur in Criminal Case No.1417/2018.
2. The brief facts of the case are that a complaint was filed by the complainant–respondent No.2 under Section 156(3) of the Cr.P.C. against the petitioner and the co-accused, Sunil Baweja, pursuant to which FIR No.139/2016 came to be registered at Police Station Nagauri Gate, District Jodhpur (East). Upon completion of investigation, the police filed a charge-sheet against the petitioner and the co-accused before the competent Court for offences punishable under Sections 420, 406 and 120B of IPC. Since the petitioner did not join the investigation, the charge- sheet qua him was filed under Section 299 Cr.P.C. After filing of the charge-sheet, the learned trial Court took cogn
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
A mere breach of contract does not amount to cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
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