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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Arpana Ghosh, wife of Late Birendra Chandra Ghosh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations against petitioners lack merit. (Para 2 , 3) |
| 2. state's argument supports petitioner's dismissal. (Para 4) |
| 3. no offences established; allegations insufficient. (Para 5 , 6 , 7 , 8) |
| 4. writ petition disposed; fir quashed. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition Criminal has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with the prayer for issuance of an appropriate writ(s) / direction(s) for quashing the entire criminal proceedings including the First Information Report being Bistupur P.S. case no. 199 of 2024 registered for the offences punishable under Section 420 , 468, 471, 506, 34 of the IPC.
3. The allegation against the petitioners is that the petitioner no. 1 being the wife, of the brother of the informant and the petitioner no. 2 and 3 being the brothers, of the informant have entered into an agreement with one Jaspal Singh in respect of 3/5th property out of joint property, without including the informant and his brother- Subroto Ghosh, as a party. It next submitted that the allegation against the petitioners is false. It is next submitte
The court emphasized that without a false document, the offenses of forgery and cheating are not substantiated, leading to the quashing of the FIR.
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue in....
Non-payment of rent is not a penal offence, and affidavits are not considered evidence unless permitted by court order.
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 affirmed that prima facie evidence of a conspiracy and forgery necessitates proceeding with trial, emphasizing the narrow scope of quashing FIRs under Section 482.
Quashing under Section 482 CrPC not warranted in cheating cases with deception at inception inducing parting with money, confirmed by police charge-sheet; Magistrate cannot alter sections at cognizan....
An FIR can be quashed if it does not prima facie disclose a cognizable offence, requiring sufficient evidence to sustain allegations of forgery and intimidation.
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