Writ petition filed to quash FIR under Section 420 IPC alleging cheating in an agreement of sale. Court held that breach of contract terms without proof of initial fraudulent intent amounts to civil dispute. Investigation quashed as abuse of process.
FIR in Criminal No.132/2022 registered by Thalaghattapura Police Station is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 481 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
R/A NEAR SHRIRAM TEMPLE, POLICE STATION ROAD, THALAGHATTAPURA, UTHARAHALLI HOBLI, BENGALURU – 560 109.
…PETITIONERS
(BY SRI. L.M. CHIDANANDAYYA., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI.RAGHAVENDRA S., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS IN REGISTERING THE CRIME NO.132/2022 OF THALAGATTAPURA POLICE
STATION; QUASH THE REGISTRATION OF F.I.R IN CRIME NO. 132/2022 OF THALAGATTAPURA POLICE STATION REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF THE INDIAN PENAL CODE, VIDE ANNEXURE - B , IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are sought to be prosecuted for the offence punishable under Section 420 of IPC. The second respondent lodged the FIR alleging that, the accused herein executed an agreement of sale on 25.09.1999 in favour of his father to an extent of 2 acres and thereafter, an agreement of sale was executed on 16.12.2011 for an extent of 1 acre and 20 guntas and received a sum or Rs.30,00,000/- towards advance sale consideration. There is a dispute with regard to the subject property in Civil Appeal No.10086/2010 pending before the Hon'ble Supreme Court and after the disposal of the said appeal, the sale deed was to be executed in favour of father of the second respondent, however the accused herein with an intention to defraud the father has executed the agreement of sale in favour of the third party. The registration of FIR for the aforesaid offence is impugned in this petition.
is purely civil in nature. Hence, he submits that in the absence of essential elements to constitute the commission of the offence under Section 420 IPC, the registration of the FIR is without any substance.
counsel for the parties.
NC: 2023:KHC:32033 WP No. 481 of 2023
civil in nature. Therefore, the continuation of the investigation would be an abuse of process of law. Accordingly, I pass the following:
ORDER
ii. The impugned FIR in Cr.No.132/2022, registered by the Thalaghattapura Police Station is hereby quashed.
iii. The learned Civil Court to adjudicate the suit filed by the second respondent against the petitioner without being influenced by the observations made in this order and the observations made if any, is only for the purpose of present petition.
All contentions are kept open.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 57
3 issues framed by the court
Whether registration of FIR for cheating under Section 420 IPC is maintainable when the dispute arises from alleged breach of contract terms.
Whether the identity of cheating or dishonest intention at the inception of the transaction is proved or merely a contractual breach.
Whether continuation of investigation in a purely civil dispute involving property matters amounts to abuse of process of law.
Colour shows how this judgement treated each authority
SARABJIT KAUR vs THE STATE OF PUNJABExplained¶38
SARABJIT KAUR Vs. THE STATE OF PUNJAB
3 provisions across 3 enactments
LENKAPPA
MANJUNATH L
SRI. THIMMAPPA
SRI. MANJUNATH M
SRI. SUBBHASH M
SRI. ASHWATH
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
