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1 - 10 of 15 (0.19 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 405 in The Indian Penal Code, 1860 [Entire Act]
Sarabjit Kaur And Anr vs State Of Punjab And Anr on 22 April, 2019
27. Recently, this Court in case of Abhishek Tiwari Vs. State of
Madhya Pradesh and Others (W.P. No. 4349 of 2023 decided vide
order dated 03.10.2023) relying upon Supreme Court decision rendered
in the cases of Sarabjit Kaur Vs. State of Punjab and another
reported in (2023) 5 SCC 360 and Kapil Agarwal and others Vs.
Sanjay Sharma and others reported in (2021) 5 SCC 524 has quashed
the FIR and all subsequent proceedings which have arisen out of the
contract executed between the parties as the dispute was purely of civil
nature. The case laws on which counsel for the respondents has placed
reliance with regard to power of the High Court to interference in a
criminal case or to quash the proceedings are not applicable in the facts
and circumstances of the present case. It is a case in which there is no
specific allegation and material available before this Court to indicate
that it is the petitioner who has committed criminal breach of trust and
used any amount for his personal use instead of depositing the same in
the escrow account. The contract is a written contract containing
conditions and if any condition is violated then remedy is available. It is
a settled principle of law that a dispute purely of civil nature cannot be
converted into criminal prosecution and cannot be used as a tool to
create pressure upon a party to settle the dispute. In the present case,
contract was terminated in the year 2018 and FIR was lodged only on
the basis of opinion of the Advocate General that too after almost two
16
years and even after lodging of FIR till now, no charge-sheet has been
filed.