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Gujarat High Court Quashes FIR Against Witness in Land Dispute Case — No Prima Facie Case for Criminal Breach of Trust or Cheating. Witness's Role Limited to Signing Sale Deed Does Not Attract Criminal Liability Under Sections 406, 420, 423, 120-B IPC.

The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR being C.R. No.1-576 of 2007 reg...

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High Court of Judicature at Bombay Upholds Refusal to Quash FIR Against Advocate in Cheating Case Due to Fraudulent Land Deals. Allegations of Using Forged Notarized Documents of Deceased Persons for Cheating Not Protected by Section 13 of Notaries Act, 1952.

The High Court of Judicature at Bombay, Bench at Aurangabad, heard an application under Section 482 of the Code of Criminal Procedure, 1973, seeking q...

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Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil.

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal app...

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Gujarat High Court Quashes FIR in Land Excavation Dispute for Lack of Criminal Breach of Trust and Cheating Ingredients. Allegation of digging beyond permitted depth fails to establish entrustment under Section 405 IPC or deception under Section 415 IPC.

The applicant, Tarunbhai Manubhai Patel, filed a criminal miscellaneous application under Section 482 CrPC seeking quashing of FIR CR-I No. 40 of 2013...

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Bombay High Court Quashes Criminal Proceedings in Commercial Dispute — Abuse of Process Under Section 482 CrPC. Dispute Between Supplier and Buyer of Packaging Material Lacks Ingredients of Cheating and Criminal Breach of Trust Under Sections 406 and 420 IPC.

The applicants, Tetra Pak India (P) Ltd., Tetra Pak International Company, and Mr. Sunil Tembe, filed an application under Section 482 of the Code of ...

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Gujarat High Court Quashes FIR in Money Laundering and Cheating Case Due to Civil Nature of Dispute. Loan Transaction and Dishonour of Cheques Do Not Attract Sections 406, 420 IPC or Sections 5, 33(3), 42 of Prevention of Money Laundering Act, 2002.

The present application was filed by the applicants (accused No.2 and another) under Section 482 of the Code of Criminal Procedure, 1973, seeking quas...

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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...