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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM MANOHAR NARAYAN MISHRA
Mohammad Irasad – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. acceptance of the applicant's rejoinder affidavit. (Para 1) |
| 2. background of the dispute regarding land ownership. (Para 4 , 5) |
| 3. arguments on the absence of deceptive practices. (Para 6) |
| 4. counterarguments highlighting the applicant's alleged criminal history. (Para 7 , 9) |
| 5. essentials of cheating under section 420 ipc. (Para 10 , 11 , 12) |
| 6. classification of the dispute as civil, not criminal. (Para 16 , 19) |
| 7. quashing of the criminal proceedings. (Para 20) |
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. Rejoinder affidavit filed on behalf of the applicant is taken on record.
2. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant, Sri Aditya Prasad Mishra, learned counsel for the opposite party No.2 and learned A.G.A. for the State.
3. The pleadings have already been exchanged between the parties.
4. The instant application under Section 528 BNSS has been filed by the applicant for quashing further proceeding of Case No. 17927 of 2024 ( State vs. Irasad and Others ), arising out of Case Crime No.64 of 2022, under Sections 420 and 120 B I.P.C., Police Station Civil Lines, District Meerut as well as order dated 23.10.2024 passed by the learned Additional Chief
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.
Criminal proceedings cannot be initiated for civil disputes; allegations must establish a prima facie case for trial.
The central legal point established in the judgment is the requirement of essential ingredients to constitute an offence under Section 420 of the IPC and the significance of final judgments in determ....
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
The court established that allegations of cheating must demonstrate fraudulent inducement, which was not present, allowing for the quashing of criminal proceedings.
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