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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Vaibhav Jain – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kirti Singh, J.
1. The petitioners by way of the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 are seeking quashing of the FIR No. 449 dated 06.08.2024, under Sections 406 and 420 of Indian Penal Code, 1860, registered at Police Station Suraj Kund, District Faridabad.
FACTUAL MATRIX
2. The controversy involved in the present case is that the petitioners are Directors in a company i.e. Rise Projects Private Limited and the said Company was undertaking the construction of a Group Housing Project in which the complainants and their property dealing company had booked three flats as an investment. A complaint was lodged by the complainants i.e. respondents Nos.2 to 5 (arrayed in the petition) against the persons namely, Vaibhav Jain and Swati Jain (petitioners herein). The complainants alleged that in 2013 relying on the false assurances and representations made by the petitioners, they proceeded to book their apartments in the project. Acting in good faith and on the basis of promises made, the complainants made substantial payment amounting to about 87% of the total cost of the apartment in installments over time. These payments were made despi
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The court established that FIRs should not be registered for civil disputes and emphasized the importance of distinguishing between civil and criminal matters to prevent abuse of the legal process.
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