IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Hardeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of present petition, prayer has been made by the petitioner for quashing of FIR No. 275 of 2024, dated 6.9.2024, registered under Section 420 of Indian Penal Code, at Police Station Una Sadar, District Una, Himachal Pradesh as well as consequent proceedings pending in the competent court of law.
2. For having bird’s eye view, facts relevant for adjudication of the case at hand, are that FIR sought to be quashed came to be lodged at the behest of the complainant namely Rahul Kumar and his wife Smt. Sonali Thakur, who had been living in ward No.10, Mohalla Behli, Una Town, Tehsil and District Una, Himachal Pradesh, for the last nine years. Complainant Rahul Kumar, who is in the business of property dealing and construction of building, saw an advertisement of M/s Harnidh Overseas Pathway Education (in short “HOPE”), having its office at SCO 33, 2nd Floor, Chhotti Baradari Part-2, Jalandhar, Punjab, whereby it came to be claimed that its office at Jalandhar is a branch of HOPE for providing services of Visa and employment in United Kingdom (herein after referred to as “UK”). The complainant with a view to provide job to his wife namely Sonali Thakur
Prashant Bharti v. State (NCT of Delhi)
Rajiv Thapar and Ors v. Madan Lal Kapoor
FIR under IPC 420 not quashed where prima facie cheating by dishonest inducement via false promises of overseas job, work permit and residency shown, despite partial visa/travel, as quashing under Cr....
Dishonest intention must be established from the inception of a transaction to constitute cheating under IPC, and mere allegations without evidence do not warrant quashing of FIR.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to exercise jurisdiction under Sec. 482, and highlighted the necessity to balance law enforcement ....
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
The truth or falsity of the allegations in the complaint should not be determined at the earliest stage.
The court affirmed that allegations of misappropriation and cheating warranted further investigation, emphasizing the High Court's limited role in assessing cognizable offences.
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