
FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law.
No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. (Paras 9, 10, and 11)
Acts and Sections Discussed:
Constitution of India (COI) — Article 226 (Writ Jurisdiction)
Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court)
Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention)
Subjects:
Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence
Nature of the Litigation:
Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet.
Petitioners’ Relief Sought:
Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it.
Reason for Filing the Case:
Allegations of non-payment of professional dues and financial aid advanced to the hospital.
Prior Decisions:
Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune.
Issues:
Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit.
Submissions/Arguments:
(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues.
Case Title: Vidyadhar Prabhakar Sarfare And Anr. Versus The State of Maharashtra & Ors.
Citation: 2025 LawText (BOM) (2) 44
Case Number: WRIT PETITION NO.761 OF 2022
Date of Decision: 2025-02-04