Case Note & Summary
The petitioner, Aashik Hasmukhbhai Patel, filed a Special Criminal Application under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR CR No. 11216026240003 of 2024 lodged on 24.02.2024 with the Cyber Crime Police Station, Gandhinagar Range. The FIR alleged offences under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code, 1860. The dispute arose from a loan transaction between the petitioner and the complainant. The petitioner contended that the allegations were purely civil in nature, as the loan was given and there was a disagreement over repayment, but no criminal intent or dishonest inducement was involved. The State opposed the quashing, arguing that the FIR disclosed a prima facie case. The Court analyzed the ingredients of Sections 406 and 420 IPC and found that the allegations did not satisfy the essential elements of criminal breach of trust or cheating. The Court noted that the dispute was essentially a civil matter regarding repayment of a loan, and no criminal offence was made out. Consequently, the Court allowed the petition and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Civil vs Criminal Dispute - Sections 406, 420 IPC - The petitioner sought quashing of FIR alleging criminal breach of trust and cheating in a loan transaction. The Court examined whether the dispute was purely civil in nature. Held that the allegations did not disclose any criminal intent or dishonest inducement, and the matter was essentially a civil dispute regarding repayment of a loan, hence the FIR was quashed. (Paras 1-5) B) Criminal Procedure - Inherent Powers - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - Article 226 Constitution of India - The Court exercised its inherent powers to quash the FIR to prevent abuse of process of law. Held that where the dispute is civil in nature and no criminal offence is made out, the High Court can interfere under Article 226 and Section 528 BNSS. (Paras 1-5)
Issue of Consideration
Whether the allegations in the FIR constitute the ingredients of criminal breach of trust under Section 406 IPC and cheating under Section 420 IPC, or whether the dispute is purely civil in nature warranting quashing of the FIR.
Final Decision
The petition is allowed. The FIR CR No. 11216026240003 of 2024 lodged on 24.02.2024 with the Cyber Crime Police Station, Gandhinagar Range, and all proceedings arising therefrom, are quashed and set aside qua the petitioner.
Law Points
- Criminal breach of trust
- Cheating
- Ingredients of Section 406 IPC
- Ingredients of Section 420 IPC
- Civil dispute not criminal
- Quashing of FIR
- Inherent powers under Section 528 BNSS
- Article 226 Constitution
