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DEEPAK GUPTA
Surinder Pal Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. allegations regarding land sale and fir details. (Para 1 , 2) |
| 2. petitioners' arguments against the fir. (Para 3 , 4) |
| 3. legal principles for quashing fir. (Para 7 , 8) |
| 4. requirements for criminal liability in cheating. (Para 10 , 11 , 12) |
| 5. analysis of facts supports civil nature of case. (Para 13 , 14 , 15) |
| 6. fir quashed; no criminal liability. (Para 16) |
JUDGMENT :
Deepak Gupta, J. - Prayer in this petition filed under Section 482 Cr.PC is to quash FIR No.75 dated 17.07.2017 registered at Police Station Mehna, District Moga, Punjab under Sections 406 , 420 & 120B IPC.
2. FIR in question (Annexure P4) was lodged on the complaint of Gurpreet Singh (respondent No.3), as per which Nihal Singh (petitioner No.2), the Special Power of Attorney holder of Sarwan Singh, Baldev Singh and Niranjan Singh sons of Sarain Singh, had agreed to sell their land situated in village Talwandi Malian vide an agreement dated 29.04.2013. The said agreement was executed through petitioner No.1 Surinder Pal Singh, who also attested the same. Amount of Rs.10 lakh was transferred in the account of Nihal Singh. It is alleged that later on, another amount of Rs.8 lakh was paid by the complainant
The intention to cheat must exist at the very inception for a breach of contract to amount to cheating. Giving civil disputes the color of criminal disputes for a relatively fast relief in criminal c....
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The court ruled that a civil dispute cannot be criminalized without clear evidence of fraudulent intent, leading to the quashing of the FIR.
Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction.
Powers under Section 482 Cr.P.C. could be exercised either to prevent abuse of process of any court or otherwise to secure ends of justice.
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