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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Manpreet Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harkesh Manuja, J.
The petitioners, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of FIR No. 38 dated 01.07.2022 (Annexure P-1) under Sections 420 & 120-B of IPC, registered at Police Station Bhadaur, District Barnala (Punjab) alongwith all the subsequent proceedings arising therefrom.2. The FIR (supra) is primarily based on an alleged breach of agreement dated 17.08.2020 (Annexure P-2) executed between the father of petitioner No. 1 and father of respondent No. 2-complainant. Relevant extract from the agreement dated 17.08.2020 followed by the extract from the FIR (supra), are re-produced hereunder:-
"Agreement dated 17.08.2020: -
That Manpreet Kaur daughter of Party No. 2 had secured 6 bands in IELTS in September 2019 where after Party No. 2 with the best of their knowledge and free will as also with the consent of their above said daughter got her engaged with Gurdeep Singh Gill son of Party No. 1 where after with the consent of Manpreet Kaur she was sent to Canada and the entire expenses were borne by Party No. 1. After 31/2 months Manpreet Kaur came back to her parents place (Party No. 2) for getting married with son of Party No. 1 Gurdeep S
FIR under IPC 420 not quashed where prima facie cheating by dishonest inducement via false promises of overseas job, work permit and residency shown, despite partial visa/travel, as quashing under Cr....
The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute a criminal offence, and the legal requirements for specific offences under the IPC must....
The main legal point established in the judgment is that a mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the begin....
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
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