AIROnline 2025 SC 593

Criminal P.C. (2 of 1974) , S.482— Constitution of India , Art.136— Quashing of FIR – Offences of criminal breach of trust and cheating – Accused persons had allegedly induced complainant to believe that they would not only sell their own lands to him for a consideration, but also assured him that they would facilitate purchase of adjoining land owned by someone else – FIR was registered for allegations which had no elements of any offence – Perusal of FIR would reveal that civil dispute involving non-execution of a registered sale deed in terms of oral agreement to sell, was given cloak of a criminal case by misusing criminal machinery – Accused persons had offered to return amount of consideration transferred to them by complainant through valid banking transactions but complainant stated that he was not interested in accepting same and demanded interest on amount for settling the dispute – Accused persons, 70 years old wife of a Retd. Army Officer and his daughter were arrested in a false and frivolous FIR – Moreover, wife was arrested and humiliated by keeping her in custody for eight days – Approach of High Court in throwing out quashing petition in a cursory manner cannot be appreciated – Exercising jurisdiction under Art. 136 of Constitution of India, FIR along with other proceedings were quashed being gross abuse of process of law – Costs was imposed on complainant for misusing process of c….