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SANJAY DWIVEDI
Rahul Agarwal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of learned counsel for the parties, the petition is heard finally.
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner has claimed the following relief (s):-
‘(7.1) To issue writ in the nature of mandamus, directing the respondent No.2 & 3 to take suitable action on the complaints made by the petitioner (Annexure P/2) and, register criminal case under appropriate offences against the persons accused therein;
(7.2) To issue writ in the nature of certiorari for quashing of criminal proceeding, if any, lodged by the respondent No.4 against the petitioner and his family members, to meet the ends of justice.
(7.3) To direct suitable disciplinary action against the respondent No.2 & 3 for dereliction in performance of duties casted upon them as responsible police officers;
(7.3A) Quash and set aside the FIR dated 29.6.2023 filed at Annexure-P/4 and after quashing and setting aside the same initiate appropriate action against the respondents for abusing the process of law and direct the police authorities to take action against respondent No.4 for lodging a false complaint against the petitioner and his family member
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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