Jit Vinayak Arolkar VS State Of Goa
Constitution of India , Art.226— Criminal P.C. (2 of 1974) , S.482— Quashing of FIR – Prima facie case – Offence of cheating – Grievance of informant was that vendors under the sale deeds had only an undivided share in subject property, and they could not have sold the entire subject property under the sale deeds – Appellant’s case was that what was sold was the right, title and interest of co-owners – Dispute was predominantly a civil dispute – Sale deeds to which the FIR pertained, were not executed by appellant on behalf of informant – Appellant did not purport to transfer rights of informant – There was no allegation that appellant deceived informant to transfer or deliver the property – No case was made out from FIR that appellant caused or was likely to cause damage or harm to informant in body, mind, reputation or property – Filing of FIR two years after civil suits for declaration were filed by him, was abuse of process of law – FIR and proceedings were quashed.
2023 (2) ABR (Cri) 53-Reversed2010 AIR SCW 405-Followed(Paras891012.11314)
