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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H.S.GREWAL
Parveen Nain – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
H.S. GREWAL, J.
The instant petition has been filed under Section 482 of Cr.P.C. seeking quashing of FIR No.0028 dated 13.01.2022 under Sections 120-B, 420, 467, 468 and 471 of IPC registered at Police Station City Sonipat, District Sonipat (Annexure P-1) alongwith all consequential proceedings arising therefrom including the challan (Annexure P-3) under Sections 120-B, 180, 420, 467, 468 and 471 of IPC filed against the petitioners as no offence is made out rather a civil dispute has been given the colour of criminality.
2. Brief facts of the present case are that the complainant Ajay Kumar alias Ajay son of Shri Dariya Tehsil and District Sonepat was owner and in possession of land comprised in Rect. and Killa No.2/25 (1-4), 3/21 (3-0), 22 (0- 17), 5/1 (8-0), 2(8-0), 3 (5-11), 4 (1-11), 6 (4-7), 7/1 (2-0), 7/2 (6-0), 8 (7-4), 9 (8- 0), 10 (8-0), 11 (7-17), 12 (7-11), 13(7-12)14/1 (2-0) 14/2 (6-0), 15 (8-0), 16 (8-0), 18 (8-0), 19/1 Min 4-19, 20/1/1 min (2-7), 5/26 (0-10), 6/5 (7-18), 6 (8-0).
On 29.08.2018, the complainant made deal of 56 Kanals 3 Marlas out of the aforesaid land with accused Nos.1 and 2 at the rate of Rs.1.25 crore per acre and in the agreement the date f
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
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