Case Note & Summary
The applicant, Avinash Vinayrao Chopde, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 188 of 2010 registered at Police Station, Akot. The FIR was lodged by respondent no. 2, Gulam Mustafa, alleging offences of criminal breach of trust and cheating. The dispute centered around an agreement to sell executed by the applicant as a power of attorney holder on behalf of Syed Bari Syed Hasan along with Mohan Haribhau Pande. The complainant had paid earnest money of Rs. 10,000 under the agreement. The applicant contended that the dispute was purely civil in nature, relating to the terms of the agreement and its breach, and that the criminal complaint was an abuse of the process of law. The court, after hearing the parties, admitted the application and, upon consideration, found that the allegations in the FIR did not disclose any criminal offence. The court observed that the dispute was essentially contractual and civil, and the criminal machinery was being misused to pressurize the applicant. Consequently, the court exercised its inherent powers under Section 482 CrPC and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Civil Disguised as Criminal - Dispute arose from an agreement to sell property where earnest money was paid - Complainant alleged breach of trust and cheating - Court held that the dispute was purely civil in nature and the criminal proceedings were an abuse of process - FIR quashed (Paras 1-5).
Issue of Consideration
Whether an FIR alleging criminal breach of trust and cheating can be sustained when the dispute is purely civil in nature arising from an agreement to sell.
Final Decision
Application allowed. FIR in Crime No.188 of 2010 and all proceedings arising therefrom are quashed.
Law Points
- Civil dispute cannot be converted into criminal case
- Inherent power under Section 482 CrPC to quash FIR
- Abuse of process of court
