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SUBHASH VIDYARTHI
Jagendra Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Ravi Shanker, learned counsel for the applicant, Sri Gyanendra Singh, learned A.G.A. and Sri Dwijendra Mishra, learned counsel for opposite party no.3.
2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 06.07.2023, under Sections 406, 420 IPC submitted in furtherance of FIR No. 496 of 2022, Police Station Vibhuti Khand, District Lucknow East, under Sections 419, 420, 467,468, 471, 406 IPC and the order dated 17.11.2023 passed by the Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow taking cognizance of the offences and summoning the applicant to face trial of the offences, along with the entire proceedings of the aforesaid case.
3. The F.I.R was lodged by the opposite party no.3 on 25.07.2022 against six persons, including the applicant alleging that he had purchased a property through a sale deed dated 18.02.2020 from co-accused Vijay Shankar Rai and all the five co-accused persons, including the applicant, had acted as brokers. On 05.04.2022 a news item was published in a news paper that the land belonged to the Government, from which he came to k
Criminal proceedings cannot be initiated for civil disputes; allegations must establish a prima facie case for trial.
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
The court ruled that allegations of cheating under Section 420 IPC require evidence of fraudulent intent at the time of transaction, which was lacking, necessitating a quash of criminal proceedings.
The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. Th....
Disputes over repayment of money in family arrangements are civil matters and do not constitute criminal offences under IPC sections regarding cheating and deception.
The main legal point established in the judgment is that the power to quash criminal proceedings should be exercised sparingly and with circumspection, especially when the allegations do not establis....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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