QUASHING of Criminal Proceedings | Section 482 CrPC |

Описание: I. LEGAL KEYWORD (CORE)
Quashing

II. LEGAL KEYWORDS (AUXILIARY)
Abuse of Process of Law
Inherent Powers of High Court
Frivolous & Vexatious Proceedings
No Prima Facie Case
Purely Civil Dispute Given Criminal Colour
Mens Rea Absent
Ends of Justice
FIR / Criminal Proceedings
Malafide Intention

III. CASE SCENARIO (REALISTIC – ILLUSTRATIVE)
Brief Facts
The Petitioner is a lawful businessperson/individual engaged in a contractual or commercial transaction with the Respondent No.2 (Complainant). Due to a purely civil dispute arising out of non-payment / breach of contract / partnership disagreement, the Respondent No.2 has lodged an FIR against the Petitioner alleging offences under Sections 406, 420, 506 IPC.
The allegations in the FIR, even if taken at face value, do not disclose the essential ingredients of the alleged offences. There is no dishonest intention at the inception of the transaction, and the dispute is essentially civil in nature.
The criminal proceedings have been initiated with malafide intent only to harass, pressurize, and arm-twist the Petitioner into settling a civil claim.
Hence, the present petition is filed seeking quashing of the FIR and all consequential proceedings.

IV. NATURE OF PETITION
Criminal Misc. Application
Filed under:
Section 482 of the Code of Criminal Procedure, 1973
/ Article 226 of the Constitution of India

V. LANDMARK JUDGMENTS & THEIR CONNECTION

1. State of Haryana v. Bhajan Lal
📌 1992 Supp (1) SCC 335
Legal Principle
The Hon’ble Supreme Court laid down illustrative categories where criminal proceedings can be quashed, including:
Where allegations do not constitute an offence
Where proceedings are malafide
Where dispute is purely civil
Connection to Present Case
The FIR falls squarely under Bhajan Lal categories, as:
No prima facie offence is made out
Criminal law is misused for a civil dispute
Proceedings are initiated with ulterior motive

2. Gian Singh v. State of Punjab
📌 (2012) 10 SCC 303
Legal Principle
High Court can quash proceedings to secure the ends of justice
Criminal cases having overwhelming civil flavour can be quashed
Connection to Present Case
The dispute arises from contractual/business dealings with no criminal intent. Continuation of proceedings would amount to abuse of process of law.

3. Indian Oil Corporation v. NEPC India Ltd.
📌 (2006) 6 SCC 736
Legal Principle
Criminal law should not be used as a shortcut for civil remedies
Mere breach of contract does not amount to cheating
Connection to Present Case
The FIR is filed solely to recover money / enforce civil liability, which is impermissible in law.

VI. APPLICABLE LAW & STATUTES
A. Code of Criminal Procedure, 1973
Section 482 – Inherent powers of High Court to quash proceedings
B. Indian Penal Code, 1860
Section 406 – Criminal breach of trust (ingredients absent)
Section 420 – Cheating (mens rea missing at inception)
Section 506 – Criminal intimidation (bald allegations)
C. Constitution of India
Article 226 – Power of High Court to prevent injustice

VII. ARGUMENT STRUCTURE (FOR COURT)
Key Submissions
1. FIR does not disclose essential ingredients of alleged offences.
2. Dispute is purely civil/commercial in nature.
3. No dishonest intention at the inception of transaction.
4. Criminal proceedings are initiated with malafide intention.
5. Continuation of proceedings would amount to abuse of process of law.
6. Case falls within Bhajan Lal guidelines.
7. Quashing is necessary to secure ends of justice.

IX. PRAYER (QUASHING)
In view of the facts and circumstances stated hereinabove, the Petitioner humbly prays that this Hon’ble Court may be pleased to:
a) Quash and set aside the FIR and all consequential proceedings;b) Stay further investigation/trial during pendency of the petition;c) Hold that the dispute is purely civil in nature;d) Pass any other order deemed fit in the interest of justice.