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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rashi Singh D/o Late Rabindra Kumar Singh @ Ravindra Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the FIR of Deoghar (Town) P.S. Case No. 596 of 2023 registered for the offence punishable under Section 406 and 420 of the Indian Penal Code, pending in the court of C.J.M., Deoghar.
3. It is submitted by the learned counsel for the petitioner that the investigation of the case is still going on and charge sheet has not yet been submitted.
4. The allegation against the petitioner is that the informant negotiated for purchase of a land with Amresh Kumar Singh and Amresh Kumar Singh facilitated the informant having conversation with the petitioner over phone. The further allegation is that though Amresh Kumar Singh has taken in total Rs. 26,00,000/- as advance for selling the land but he is not selling the land to the informant nor returning the money in terms of the agreement dated 25.08.2021.
5. It is submitted by the learned counsel for the petitioner by relying upon the judgment of the Hon’ble Supreme Court of India in the case of Ankur Gupta vs. State of U.P. & Anr. 2017 SCC OnLine
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....
Criminal prosecution for breach of contract requires evidence of fraudulent intent from the inception; mere allegations of non-fulfillment do not suffice to establish offences under IPC sections rela....
Breach of contract does not constitute cheating unless deception and dishonest intention at inception. Advance payment for property sale is not entrustment; mere non-execution of sale deed without mi....
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
The mere non-execution of a land sale agreement does not constitute criminal misappropriation or cheating; these offences require proof of initial deception or entrustment, rendering the case a civil....
The court ruled that where allegations do not substantiate criminal offenses, particularly under Sections 406, 420, and 506 IPC, the FIR is quashed to prevent abuse of legal process.
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
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