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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Sayem Yazdani – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Prabhat Kumar Mishra, the learned counsel for the applicant and Sri Rajesh Kumar Singh, the learned A.G.A.-I for the State and perused the record.
2. The instant application under Section 482 Cr.P.C./ Section 528 BNSS has been filed seeking quashing of the entire criminal proceedings of Criminal Misc. Case No.35791/2025 ( State of U.P. Vs. Fahad Yajadani and others ) in the Court of Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow, which arises out of FIR No.0189/2023 under Sections 406 , 420, 504 and 506 IPC lodged at Police Station Mahanagar, District Lucknow, so far as it relates to the applicant.
3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party no. 2 on 24.08.2023 against six persons, including the applicant, stating that she had entered into an agreement with co-accused - Fahad Yajadani, builder of Alaya Aftek Residency, Mahanagar for purchase of a 3 BHK Flat No. H-208, measuring 1675 sq. ft. She had paid Rs.44,74,934/- through cheques but possession of the flat was not handed over to her and later the flat was sold away to one Uma Shanker. Subsequently, the same flat was again sold
The court ruled that allegations of cheating and breach of trust based on the sale of flats established prima facie criminal offences, warranting continuation of proceedings despite claims of civil n....
The FIR was quashed as it lacked essential elements of criminal breach of trust and cheating, being merely a misuse of criminal process to enforce a contractual obligation.
The distinction between breach of contract and criminal cheating requires proof of fraudulent intent at the transaction's inception.
The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
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