Case Note & Summary
The petitioner, Dr. Abhinav Anand Khare, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 50 of 2025 registered at Wakad Police Station, Pune, for offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The FIR was based on a complaint by respondent No. 2, Shashikant Eknath Shinde, a retired government servant, alleging that the petitioner induced him to part with Rs. 1,37,50,000/- with a promise of high returns in a hospital partnership, but neither returned the money nor honored the promise. The petitioner argued that the dispute was purely civil in nature, arising from a partnership agreement, and that the complainant had already filed a civil suit for recovery. The court, after hearing both sides, found that the allegations did not disclose any criminal intent from the inception and that the matter was essentially a breach of contract. The court held that continuing the criminal proceedings would be an abuse of the process of law and quashed the FIR. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - The court considered whether a dispute arising from a partnership investment, where the complainant parted with money for a hospital partnership, constitutes criminal offences of cheating and criminal breach of trust. Held that the dispute is purely civil in nature and the FIR is an abuse of process of law, warranting quashing (Paras 1-10).
Issue of Consideration
Whether the FIR alleging offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, based on a partnership investment dispute, is liable to be quashed as an abuse of the process of law.
Final Decision
The court allowed the petition and quashed the impugned FIR No. 50 of 2025 registered with Wakad Police Station, Pune, for offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. Rule made absolute.
Law Points
- Quashing of FIR
- Civil dispute
- Criminal breach of trust
- Cheating
- Partnership investment
- Abuse of process of law
Case Details
2026 LawText (BOM) (07) 71
Writ Petition No. 3286 of 2026
Mr. Sugandh Deshmukh a/w Irvin Dsouza, for the Petitioner; Mr. Vaibhav Jagtap a/w Chinmay Godse, for the Respondent No. 2; Mrs. Anuja Gotad, APP for the Respondent – State
State of Maharashtra & Shashikant Eknath Shinde
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Nature of Litigation
Criminal writ petition seeking quashing of FIR for offences of cheating and criminal breach of trust.
Remedy Sought
Petitioner seeks quashing of FIR No. 50 of 2025 registered at Wakad Police Station, Pune.
Filing Reason
Petitioner alleges that the FIR is based on a civil dispute arising from a partnership investment and is an abuse of process of law.
Issues
Whether the FIR alleging offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, based on a partnership investment dispute, is liable to be quashed as an abuse of the process of law.
Submissions/Arguments
Petitioner's counsel argued that the dispute is purely civil in nature, arising from a partnership agreement, and the complainant has already filed a civil suit for recovery. The FIR is an abuse of process of law.
Respondent No. 2's counsel argued that the petitioner induced the complainant to part with money with a promise of high returns, which constitutes criminal offences.
Ratio Decidendi
A dispute arising from a partnership investment, where the complainant voluntarily parted with money for a business venture, is essentially a civil matter. Criminal proceedings for cheating and criminal breach of trust cannot be sustained when the allegations do not disclose any criminal intent from the inception and the matter is purely contractual. Continuing such proceedings would be an abuse of the process of law.
Judgment Excerpts
The Petitioner, by this Petition filed under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeks to quash the FIR dated 30.01.2025, bearing No. 50 of 2025, registered with Wakad Police Station, Pimpri Chinchwad, District Pune, for offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
The impugned FIR is registered on the basis of the complaint filed by the Respondent No. 2 (Retired Government Servant), alleging that the Petitioner induced him to part with his hard-earned money, with a promise/assurance of high returns, in respect of a partnership pertaining to a Hospital.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 50 of 2025. The court heard the parties and allowed the petition, quashing the FIR.
Acts & Sections
- Bharatiya Nyaya Sanhita, 2023: 316(2), 318(4)
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
- Constitution of India: 226, 227
