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Supreme Court Allows Appeal in Criminal Breach of Trust Case — Quashes Proceedings Due to Civil Nature of Dispute. Partnership Property Dispute Between Family Members Does Not Attract Criminal Offences Under Sections 406/420/120B IPC When Civil Remedies Are Available.

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2026-07-17 00:06:09
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Case Details

2025 INSC 1350

Criminal Appeal No. 5000 of 2025 (Arising out of Special Leave Petition (Crl.) No.4939 of 2018)

2025-01-01

Nagarathna, J.

2025 INSC 1350

Inder Chand Bagri

Jagadish Prasad Bagri & Another

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Nature of Litigation

Criminal appeal against order of High Court dismissing petition under Section 482 CrPC for quashing of criminal proceedings under Sections 406/420/120B IPC.

Remedy Sought

Appellant sought quashing of criminal proceedings initiated by respondent No.1 under Sections 406/420/120B IPC.

Filing Reason

Appellant alleged that the criminal complaint was filed to pressurize him in a civil dispute over partnership property.

Previous Decisions

High Court of Gauhati dismissed Criminal Petition No.190 of 2015 filed under Section 482 CrPC on 13.02.2018.

Issues

Whether criminal proceedings under Sections 406/420/120B IPC arising from a partnership property dispute between family members should be quashed when the dispute is essentially civil in nature.

Submissions/Arguments

Appellant argued that the dispute is purely civil in nature and criminal proceedings are an abuse of process of law. Respondent argued that the appellant misappropriated partnership property and cheated the other partners.

Ratio Decidendi

Criminal proceedings arising from a civil dispute, particularly one involving partnership property and family members, where the essential ingredients of criminal breach of trust, cheating, and criminal conspiracy are not made out, should be quashed under Section 482 CrPC to prevent abuse of process of law.

Judgment Excerpts

This appeal arises out of the order dated 13.02.2018 passed by the High Court of Gauhati in Criminal Petition No.190 of 2015 dismissing the application filed under Section 482 of the Code of Criminal Procedure... Briefly stated, the facts of the case are that the appellant-accused along with four other individuals... resolved to constitute a partnership firm vide partnership deed dated 01.10.1976...

Procedural History

The respondent No.1 filed a criminal complaint under Sections 406/420/120B IPC on 19.09.2013 before the Chief Judicial Magistrate, Kamrup, Gauhati. The Magistrate took cognizance and issued process. The appellant filed Criminal Petition No.190 of 2015 under Section 482 CrPC before the Gauhati High Court seeking quashing, which was dismissed on 13.02.2018. The appellant then filed Special Leave Petition (Crl.) No.4939 of 2018 before the Supreme Court, which was converted into Criminal Appeal No.5000 of 2025.

Acts & Sections

  • Code of Criminal Procedure, 1973 (CrPC): 482
  • Indian Penal Code, 1860 (IPC): 406, 420, 120B
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Tags :
criminal breach of trust cheating criminal conspiracy quashing of criminal proceedings civil dispute partnership property Section 482 CrPC Section 406 IPC Section 420 IPC Section 120B IPC

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