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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
G. Haneef – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. fir for alleged cheating in unpaid apple sales. (Para 1 , 2) |
| 2. allegations disclose civil breach, not criminal cheating. (Para 3 , 7) |
| 3. non-payment shows initial fraudulent intent to cheat. (Para 4 , 5 , 8 , 9) |
| 4. bhajan lal categories permit quashing fir abuse. (Para 11 , 12 , 13) |
| 5. cheating requires dishonest intention from transaction start. (Para 14 , 15) |
| 6. no fir averments of initial deceptive inducement. (Para 16) |
| 7. civil disputes cannot be converted to criminal cases. (Para 17 , 18 , 19) |
| 8. mere non-payment insufficient without initial mens rea. (Para 20) |
| 9. proceedings quashed as abuse of legal process. (Para 22 , 23 , 24) |
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for quashing of FIR No. 64 of 2023, dated 31.3.2023, registered at Police Station Theog, District Shimla, H.P., for the commission of an offence punishable under Section 420 of the Indian Penal Code (IPC).
2. Briefly stated, the facts giving rise to the present petition are that the respondent No.3/informant was running a business of sale and purchase of apples at Parala, Sabji Mandi, Tehsil Theog. SFC Karnatka, PSP Puducherry, FF Shaik Sadik Tirupati, YNC Noshad (V)
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
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