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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Sushanta Mohapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background and initiation of case (Para 1 , 2) |
| 2. arguments regarding criminal proceedings (Para 3 , 4) |
| 3. judicial observations on civil vs. criminal nature (Para 5 , 6 , 7) |
| 4. quashing of unduly taken cognizance (Para 8 , 9 , 10) |
JUDGMENT :
1. By means of this application, the Petitioners seek to quash the order dated 08.01.2021 passed by the learned SDJM, Berhampur, Berhampur in 1CC Case No.286 of 2020 arising out of 1CC Case No.388 of 2019 corresponding to GR Case No.1779 of 2019 wherein the learned court took cognizance of the offence under Sections 417 /420/34 of the IPC implicating them.
Subsequently, the Informant-Opposite Party No.2 filed a complaint petition, which was registered as I.C.C. Case No.286 of 2020. The learned court, upon observing the formalities as required under Sections 200 and 202 of the Cr.P.C., took cognizance of the aforementioned offences. Being aggrieved by the order of cognizance, the Petitioners have preferred the present petition challenging the same.
It is further alleged that when the Informant-Opposite Party No.2 approached Petitioner No.1 for refund of the said amount of Rs.1,05,000/-, Petitioner No.1 avoided repayment. Thereaft
Disputes over repayment of money in family arrangements are civil matters and do not constitute criminal offences under IPC sections regarding cheating and deception.
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
The central legal point established in the judgment is the requirement of essential ingredients to constitute an offence under Section 420 of the IPC and the significance of final judgments in determ....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
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