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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Bhawna Nimbrayan – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The petitioner has approached this Court by way of filing the present petition under Section 482 Code of Criminal Procedure, 1973 (hereinafter Cr.P.C., for brevity) for quashing of the impugned FIR bearing no. 0017 dated 06.02.2022 under Section 420 of IPC registered at Police Station Mullanpur Garibdass, District SAS Nagar (Annexure P-1), as well as all subsequent proceedings arising therefrom.
2. The facts of the present case, tersely put, are that the petitioner, who was serving as an officer at the Punjab & Sind Bank, Mullanpur Branch, is alleged to have opened a bank account, bearing number 11411000001663 in the name of the complainant-respondent No.2, Neeraj Kumar. Neeraj Kumar is the husband of the petitioner's real sister, Tripti, with whom he is involved in a matrimonial dispute. It is alleged that the petitioner opened the account without Neeraj Kumar's consent and without obtaining his signature on the account opening form. Subsequently, Neeraj Kumar was compelled to transfer Rs. 2,00,000/- to this account by the petitioner and her sister. Furthermore, it has been alleged that the petitioner, without anyone's signature on the bank
Dishonest intention must be established from the inception of a transaction to constitute cheating under IPC, and mere allegations without evidence do not warrant quashing of FIR.
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
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