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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

A property owner agreed to sell 8 marlas to the complainant for Rs. 10 lakhs, but failed to deliver possession or execute a sale deed, while the complainant parted with cash. The accused was prosecuted for cheating, breach of trust, and forgery. The High Court quashed the FIR, finding no criminal intent. The Supreme Court allowed the appeal, holding that the High Court wrongly quashed proceedings at an advanced investigative stage (chargesheet filed, charges framed). The Court ruled that factual disputes about criminal intent—whether the accused dealt with property not in her name to induce valuable consideration—must be tried on merits, not resolved at the threshold stage.

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Criminal Procedure Criminal Appeals Cheating and Fraud Property Transactions Section 482 CrPC Jurisdiction Quashing of Proceedings

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