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Supreme Court of India 2018-12-03 allowed

Dilbag Rai vs State of Haryana & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The appellant filed a criminal complaint against the accused for entering into an agreement to sell a property, accepting Rs. 10 lakhs, but failing to transfer possession or execute a sale deed. The High Court quashed the proceedings, finding no evidence of criminal intent. The Supreme Court reversed this, holding that once investigation is complete, a chargesheet filed, and charges framed, the High Court cannot summarily quash proceedings by re-reading the FIR. Whether criminal intent exists is a matter for trial. The facts—that the accused dealt with property not in her name and took consideration without performing her obligation—prima facie disclose criminal offences requiring trial on merit.

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Criminal Procedure Criminal Breach of Trust Cheating Property Dispute Inherent Powers Forgery Abuse of Process

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