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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ganesh Dutt – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition for quashing of F.I.R. No. 153 of 2024, dated 01.09.2024, registered at Police Station Sadar, District Solan, H.P. for the commission of offences punishable under Sections 420, 465 , 471 and 120-B of Indian Penal Code ( IPC ) and consequential proceedings arising out of the F.I.R.
2. Briefly stated, the brief facts giving rise to the present petition are that informant/respondents No. 2 and 3 made a complaint to the police asserting that a civil dispute was pending between the informants and the petitioner No.1/accused Ganesh Dutt regarding the land located in Mohal Ber Ki Ser and Barse, Tehsil and District Solan, H.P. Accused No.1 had filed a civil suit for declaration before the learned Civil Judge, Senior Division, Solan, H.P. which was decreed. The complainant filed an appeal, which was assigned to learned Additional District Judge, Solan, H.P. who accepted the appeal and dismissed the suit filed by accused No.1. No further proceedings were taken and the judgment attained finality. Accused No.2, Mahidner Dutt Sharma was posted as Village Revenue Officer and accused No. 3 Sudhir Thakur was posted as Fiel
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
The court upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
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