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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SANJEEV S. KALGAONKAR, J
SUSHREE SNEHAL – Appellant
Versus
STATE OF M.P. – Respondent
| Table of Content |
|---|
| 1. court's conclusion to quash fir based on lack of criminal intent. (Para 1) |
| 2. complaint details of property sale and alleged fraud. (Para 2) |
| 3. arguments on civil vs. criminal nature of dispute. (Para 4 , 5) |
| 4. legal standards for establishing cheating and breach of trust. (Para 7 , 8 , 9 , 10 , 11) |
ORDER
This petition under Section 482 of the Code of Criminal Procedure, 1973 (referred to as „ Cr.P.C .‟ hereinafter) is filed for quashing the FIR registered at Crime No. 608/2013 at P.S. Pardeshipura for offence punishable under Section 420 read with 34 of IPC alongwith subsequent proceedings pending before the Court of Chief Judicial Magistrate, Indore.
2. The exposition of facts, in brief, giving rise to the present petition are as under:
Brajesh S/o Pradeep Gupta R/o 276-B, Veenanagar, Indore submitted a written complaint dated 07.04.2023 to the SHO, P.S. Pardeshipura Indore, inter-alia stating that M/s Snehal D/o Sharad Shabnis and Shreepad Shabnis S/o Sharad Shabnis proposed to sell their house No. 1464/23 for consideration of Rs. 25,51,000/-. Accordingly, an agreement was executed on 04.01.2013 in his favour. He paid advance consideration of Rs. 9,51,000/- and publi
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