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AMAN CHAUDHARY
Naurati Lal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. allegations regarding installation and service deficiencies. (Para 1 , 2 , 20) |
| 2. arguments on criminal liability vs. civil issues. (Para 4 , 5) |
| 3. court's power to quash fir under section 482 crpc. (Para 6 , 7 , 8) |
| 4. safeguarding against misuse of criminal law for civil disputes. (Para 9 , 10 , 11) |
| 5. distinction between breach of contract and criminal cheating. (Para 12 , 13 , 14 , 15) |
| 6. elements of criminal intimidation defined. (Para 16 , 17) |
| 7. standard for quashing proceedings to prevent abuse of court. (Para 18 , 19) |
| 8. categorical parameters for quashing power of high court. (Para 21) |
| 9. final order quashing the fir and all proceedings. (Para 22) |
JUDGMENT
Aman Chaudhary, J.
The present petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.336 dated 08.07.2005, registered under Sections 406 , 420, 500 and 506 IPC at Police Station Civil Lines, Karnal and the consequential proceedings arising therefrom.
2. Briefly put, the allegations as made in the complaint is that the air condition was installed by the petitioner in the building of the complainant after causing harassment to him i.e. not settled within the time frame and even the entire work w
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.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Main Legal Point
Extraordinary power under article 226 of Constitution and also inherent powers under Section 482 of Code which it said could be exercised by High Court either to prevent abuse of the process of any c....
(1) Section 420 IPC is a serious form of cheating that includes inducement (to lead or move someone to happen) in terms of delivery of property as well as valuable securities.(2) While breach of cont....
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