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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: 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) Keywords: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. Decision: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. Ratio: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. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

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Bombay High Court Upholds Conviction for Cheating and Prize Chit Offences in Bhisi Scheme Case. Oral evidence of members sufficient to prove conventional chit and dishonest intention under Section 420 IPC and Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

The case involves two criminal revision applications filed by the applicants/accused, Subhadrabai Pawar and others, challenging their conviction under...

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Bombay High Court Quashes FIR in Commercial Dispute Over Soyabean Supply — No Cheating Intent Established. Contractual Breach Without Deceitful Intention from Inception Does Not Attract Section 420 IPC.

The applicants, a partnership firm named Sagacious Impex, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing ...

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Supreme Court Acquits Accused in Abduction and Murder Case Due to Unreliable Circumstantial Evidence. Last Seen Circumstance and Recovery of Body Not Proved Beyond Reasonable Doubt Under Sections 364, 302, 420 IPC.

The Supreme Court allowed the appeal filed by Umesh Tukaram Padwal and another against the judgment of the Bombay High Court which confirmed their con...

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Bombay High Court Dismisses Petitions Challenging CBI Investigation in Bhima Koregaon Case — Sanction Under Section 197 CrPC Not Required for CBI Officers. CBI Investigation Valid Under DSPE Act as Section 6A Struck Down by Supreme Court.

The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pa...

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Bombay High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute. Allegations of Criminal Breach of Trust and Cheating Not Made Out as Dispute Pertained to Non-Payment of Rent Under Leave and License Agreement.

The applicants, Dr. Arun Kumar Barthakur and Basant Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...