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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Rajat Saxena – Appellant
Versus
State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Lko. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Chandra Shekhar Sinha, the learned counsel for the applicants in Application u/S 482 No.4460 of 2022, Shri Nadeem Murtaza, the learned counsel for the applicant in Application U/s 482 No.3270 of 2022, Shri G.D. Bhatt, the learned AGA-I for the State- opposite party No.1 in both the applications and Shri Abhishek Khare, the learned counsel for the opposite party No.2 in both the applications.
2. Both the present applications under Section 482 Cr.P.C. have been filed challenging the validity of an order dated 08.04.2022 passed by the learned Additional Chief Judicial Magistrate-V, Court No.29, Lucknow in Misc. Case No.3649 of 2021, summoning the applicants to face trial for the offence under Section 420 I.P.C.
3. The opposite party no. 2 – Rakeshwar Dayal Saxena, had filed an application under Section 156(3) Cr.P.C. against- (i) Rajat Saxena (applicant No.1 in Application u/S 482 No.4460 of 2022), (ii) Anil Saxena (applicant No.2 in Application u/S 482 No.4460 of 2022) and (iii) Anshul Srivastava, the then Manager (Senior) HDFC Ltd. (the applicant in Application u/S 482 No.3270 of 2022) stating that Rajat Saxena is son of Rakeshwar Dayal Sax
The court reaffirmed that mere allegations in civil disputes do not constitute criminal offences unless clear fraudulent intentions exist at the initiation of the transaction.
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
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 ....
To establish an offence under Section 420 IPC, fraudulent intent must be shown; mere verification of a false affidavit without intent does not constitute cheating.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
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