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N. S. SHEKHAWAT
Deepak Dagar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. details of the alleged fraudulent transactions. (Para 1 , 2) |
| 2. arguments discussing the nature of the claims and allegations. (Para 3 , 4) |
| 3. legal foundations regarding misuse of criminal proceedings. (Para 6 , 10) |
| 4. court’s decision to quash the fir based on civil nature of dispute. (Para 12 , 16) |
Judgment
Mr. N.S. Shekhawat, J.
The petitioners have filed the present petition under Section 482 Cr.P.C., with a prayer to quash the FIR No. 430 dated 06.08.2022 under Sections 420 , 467, 468, 471 and 120-B of IPC, registered at Police Station Sadar Nuh, District Nuh and all subsequent proceedings arising therefrom.
2. The FIR in the present case was registered on the basis of the complaint moved by Somesh Mittal son of Vinod Mittal. In the FIR (Annexure P-1), the complainant had levelled the following allegations separately:-
(i) Deepak Dagar, petitioner No. 1/accused was the owner in possession of 121 Kanals 14 Marlas of land at village Uzina, Tehsil and District Nuh in view of the agreement to sell in his favour. In fact, Shiv Om, Hari Om and Kapil sons of Ranbir Singh had executed an agreement in favour of Deepak Dagar. On 26.07.2021, Deepak Dagar agreed to sell the sa
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
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....
Criminal proceedings cannot be initiated for mere breach of contract; there must be evidence of fraudulent intent from the outset for an offence under Sections 420 and 120-B IPC.
Registration of FIR for civil disputes under criminal guise is unsustainable; courts must prevent misuse of criminal law.
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