Code of Criminal Procedure, 1973: s.482 – Quashing of FIR/criminal proceedings under – On facts, proceedings arising out of F.I.R. registered u/ss. 406, 420, 467, 468, 471 and 506 IPC – Quashed by the High Court on the ground that the complainant had failed to make out any criminal intent on the part of the accused – Justification of – Held: High Court was not justified in taking recourse to its power u/s. 482 to quash the proceedings – High Court lost sight of crucial aspects which emerged during the course of the investigation – It was complainant’s case that though the accused did not have title to the property, she had dealt with the property and it was on that basis that the complainant was induced to part with valuable consideration – Furthermore, the correctness of these allegations is a matter of trial – Thus, the order of the High Court is set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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