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G. S. AHLUWALIA
Sharad Agarwal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Since question of fact and law are identical in all the cases, therefore, M.Cr.C.No.7431/2020, M.Cr.C.No.9859/2020, M.Cr.C.No.12289/2020, and M.Cr.C.No.17457/2020 are being decided by this common order. For the sake of convenience, facts of M.Cr.C.No.7431/2020 shall be taken into consideration.
2. This application under section 482 Cr.P.C. has been filed seeking the following reliefs :
i) It is therefore prayed that this Honourable Court may kindly be pleased to quash/ delete the name of present petitioner in FIR No.45, dated 30.1.2020 registered by Police Station Civil Lines, Chattarpur MP (annexure A-1) and also to quash all subsequent proceedings against the present applicant in the interest of justice.
ii) Pass orders for other relief/ directions, as deemed fit and proper looking to the facts and circumstances of the case.
iii) Allow the petition with cost.
3. It is submitted by counsel for the applicant that FIR in crime No.45/2020 has been registered at Police Station Civil Lines, District Chattarpur for offence under sections 420, 467, 468, 469 and 471 of IPC.
4. Challenging the impugned FIR, it is submitted by counsel for the applicant that on the basis of writte
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
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....
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