Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant writ petition has been filed by the petitioner seeking following reliefs:-

“(i) Issue an appropriate writ, order or direction quashing the impugned F.I.R. dated 03.08.2024 bearing Case Crime No. 311 of 2024, under Sections 420, 406, 467, 468, 471, 120-B, 504, 507 I.P.C., Police Station Beta 2, District Greater Noida (Commissionerate Gautam Budh Nagar), U.P.

(ii) Issue an appropriate writ, order or direction commanding the respondents not to take any coercive measures against the petitioner in pursuance to the impugned F.I.R. dated 03.08.2024 bearing Case Crime No. 311 of 2024, under Sections 420, 406, 467, 468, 471, 120-B, 504, 507 I.P.C., Police Station Beta 2, District Greater Noida (Commissionerate Gautam Budh Nagar), U.P.

(iii) Issue an appropriate writ, order or direction in the nature of Certiorari quashing the impugned charge-sheet dated 17.07.2025 as well as the impugned cognizance/summoning order dated 26.08.2025 passed by the Court of A.C.J.M.-Ist, G.B. Nagar in Criminal Case No. 8223 of 2025 (State vs. Sanjay Wahi) as well as entire proceedings arising out of Case Crime No. 311 of 2024, U/s 420, 406, 467, 468, 471, 120-B, 504, 507 I.P.C., Police Station Beta 2, Greater Noida (Commissionerate Gautam Budh Nagar) U.P. and all subsequent proceedings thereof, during the pendency of the present writ petition. Otherwise, the petitioner shall suffer irreparable loss and injury.”

Brief Facts

2. As per the prosecution case, the petitioner and the complainant- respondent no. 2 were doing business together. Between the period 2018- 19, the petitioner decided to purchase a piece of land for development and after getting the development of the said land, he wanted to sell subsequently. The wife of the respondent no. 2, namely, Deepika Gupta was interested to invest in the said piece of land. For this endeavour, the wife of the respondent no. 2 entered into a Partnership Agreement with the petitioner. In the year 2019, for the purchase of the said land, an agreement to sell was executed between the petitioner and accused nos. 3, 4 and 5. Thereafter, the Partnership Agreement was also extended by the wife to the complainant-respondent no. 2. In the year 2020, a Partnership Agreement was also entered into by the petitioner with one Sunit Kohli (Accused No. 3). On 16.03.2024, the complainant called the petitioner and asked him to meet at his house at D-18, Sector 47 Noida at 06:30 PM. The petitioner went to the house of the complainant at around 07:15 PM. The complainant, his wife Deepika Gupta along with other family members started misbehaving with the petitioner. The petitioner was also threatened, assaulted and forcefully restrained by the complainant and his family members in his house for several hours. They have also called the petitioner’s wife and sons and threatened them of dire consequences.

3. It is alleged that the complainant and his wife Deepika Gupta made the petitioner forcefully signed on two cheques i.e. Cheque No. ‘000349’ amounting to Rs. 3,50,00,000/- and Cheque No. ‘000352’ amounting to Rs. 14,00,00,000/-

4. On the next day of this incident, the petitioner made a police complaint against the complainant-respondent no. 2 and his wife regarding the incident of assault, wrongful restrain, forceful signing and possession of cheques worth Rs. 17,50,00,000/-. On 20.06.2024, the complainant-respondent no. 2 had preferred an application under Section 156(3) Cr.P.C. against the petitioner and others. On 10.07.2024, the court of Additional Chief Judicial Magistrate-II, Gautam Budh Nagar had allow