1. By this application under Section 482 of the Code of
Criminal Procedure (for short “the Code”), the applicant seek
quashing of the FIR registered as C.R.No.11210055210303 of
2021 registered with Salabatpura Police Station, Surat for the
offence punishable under Sections 406, 420, 120B, 504 and
506(2) of the Indian Penal Code and further proceedings arising
thereof.
2. Seeking quashment of FIR, learned advocate Mr.Qureshi
for the petitioner submitted that on plain reading of FIR, it fails
to disclose any essential ingredient of criminal breach of trust or
cheating defined in section 405 and 415 of IPC having
punishment defined in section 406 and 420 of IPC. He would
submit that FIR on its face value indicates that before two years
of lodging FIR, complainant came in contact with other two
NEUTRAL CITATION
R/CR.MA/6778/2021 ORDER DATED: 07/04/2025
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traders from Hyderabad City and said two traders came in
contact with complainant through present applicant who has
acted as broker. He would submit that it is pure civil
transaction. FIR can be best plaint in civil suit but it is given
cloak of criminality. It is further submitted that in absence of
any essential ingredient of section 406 and 420 of IPC, civil
transaction has been given color of criminality. Therefore, it is
submitted to quash the FIR. In support of his submission,
learned advocate Mr.Qureshi has relied on judgment of Hon’ble
Apex Court in the case of Delhi Race Club (1940) Ltd. v/s. State
of Uttar Pradesh [2024 INSC 626].
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