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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
PRAFULBHAI AMRUTBHAI SHAH & ANR. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. application filed to quash fir under ipc. (Para 1 , 2) |
| 2. allegations of non-performance lack basis for criminal charges. (Para 3 , 4) |
| 3. court's findings on civil vs criminal jurisdiction. (Para 5 , 6) |
| 4. discussion on essential ingredients of ipc offences. (Para 7) |
| 5. final judgement to quash fir emphasizing civil recourse. (Para 8) |
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners prayed for quashing and setting aside FIR being C.R.No.I – 56 of 2019 registered with Gandhinagar Sector 21 Police Station, for the offences punishable under Sections 406 , 420, 120B of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.
2. When the matter is called out, learned advocate for the respondent No.2 is absent.
3. In the peculiar facts of the case, according to the FIR, the complainant has agreed to purchase certain plots of survey No.909 at Gandhinagar from Mr. Pankaj Patel being Director of Madhav Infra Housing Private Limited, whereby Mr. Pankaj Patel Director of Madhav Infra Housing Private Limited entered in
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